Indiana 2022 Regular Session

Indiana House Bill HB1195 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1195
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 3-7-14-4; IC 9-13-2; IC 9-14; IC 9-21; IC 9-24;
77 IC 9-25; IC 9-26-1; IC 9-27-6; IC 9-30; IC 20-33; IC 31-37-19;
88 IC 34-24-1-1; IC 35-43-1-2; IC 35-52-9.
99 Synopsis: Driving record cards. Provides that an individual who is an
1010 Indiana resident and cannot provide proof of identity and lawful status
1111 in the United States may apply for a driving record card learner's permit
1212 and driving record card to obtain driving privileges. Provides that a
1313 driving record card learner's permit and driving record card may not be
1414 used for federal identification or any other federal purpose. Provides
1515 that a driving record card learner's permit and driving record card may
1616 not be used for the purpose of voting or employment verification.
1717 Requires an individual who holds a driving record card learner's permit
1818 or driving record card and operates a motor vehicle to verify and
1919 continuously maintain financial responsibility on any motor vehicle the
2020 holder operates in the amount required by law. Provides that the bureau
2121 of motor vehicles may not disclose certain information unless presented
2222 with a lawful court order or judicial warrant. Makes conforming
2323 amendments. Makes technical corrections.
2424 Effective: Upon passage; July 1, 2022.
2525 Karickhoff, King, Gore
2626 January 6, 2022, read first time and referred to Committee on Roads and Transportation.
2727 2022 IN 1195—LS 6333/DI 139 Introduced
2828 Second Regular Session of the 122nd General Assembly (2022)
2929 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3030 Constitution) is being amended, the text of the existing provision will appear in this style type,
3131 additions will appear in this style type, and deletions will appear in this style type.
3232 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3333 provision adopted), the text of the new provision will appear in this style type. Also, the
3434 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3535 a new provision to the Indiana Code or the Indiana Constitution.
3636 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3737 between statutes enacted by the 2021 Regular Session of the General Assembly.
3838 HOUSE BILL No. 1195
3939 A BILL FOR AN ACT to amend the Indiana Code concerning
4040 motor vehicles.
4141 Be it enacted by the General Assembly of the State of Indiana:
4242 1 SECTION 1. IC 3-7-14-4, AS AMENDED BY P.L.128-2015,
4343 2 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4444 3 JULY 1, 2022]: Sec. 4. (a) This section does not apply to a driving
4545 4 record card issued under IC 9-24-3.5.
4646 5 (b) An application to obtain or renew a motor vehicle driver's
4747 6 license, permit, or identification card serves as an application for voter
4848 7 registration:
4949 8 (1) under this article; and
5050 9 (2) as provided in 52 U.S.C. 20504(a)(1);
5151 10 unless the applicant fails to sign the voter registration application.
5252 11 SECTION 2. IC 9-13-2-39.7, AS AMENDED BY P.L.111-2021,
5353 12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5454 13 JULY 1, 2022]: Sec. 39.7. "Credential" means the following:
5555 14 (1) The following forms of documentation in physical form issued
5656 15 by the bureau under IC 9-24:
5757 16 (A) A driver's license.
5858 17 (B) A learner's permit.
5959 2022 IN 1195—LS 6333/DI 139 2
6060 1 (C) An identification card.
6161 2 (D) A photo exempt identification card.
6262 3 (E) A driving record card.
6363 4 (F) A driving record card learner's permit.
6464 5 (2) The following forms of documentation in the form of a mobile
6565 6 credential issued by the bureau under IC 9-24:
6666 7 (A) Except for a commercial driver's license issued under
6767 8 IC 9-24-6.1, a driver's license.
6868 9 (B) Except for a commercial learner's permit issued under
6969 10 IC 9-24-6.1, a learner's permit.
7070 11 (C) An identification card.
7171 12 (3) For the purposes of IC 9-24-17.7, any form of documentation
7272 13 in physical form or digital form accessible on a mobile device
7373 14 issued by the bureau under IC 9-24.
7474 15 SECTION 3. IC 9-13-2-41 IS AMENDED TO READ AS
7575 16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 41. "Current driving
7676 17 license" means every class and kind of license or permit, other than a
7777 18 driving record card or a driving record card learner's permit, that
7878 19 evidences the privilege to operate a motor vehicle upon the highways
7979 20 of Indiana. The term includes a privilege granted by the license.
8080 21 SECTION 4. IC 9-13-2-48, AS AMENDED BY P.L.120-2020,
8181 22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8282 23 JULY 1, 2022]: Sec. 48. (a) "Driver's license" means the following:
8383 24 (1) Any type of license issued by the state in physical form
8484 25 authorizing an individual to operate the type of vehicle for which
8585 26 the license was issued, in the manner for which the license was
8686 27 issued, on a highway. The term includes any endorsements added
8787 28 to the license under IC 9-24-8.5.
8888 29 (2) Except for a commercial driver's license issued under
8989 30 IC 9-24-6.1, any type of license issued by the state in the form of
9090 31 a mobile credential authorizing an individual to operate the type
9191 32 of vehicle for which the license was issued, in the manner for
9292 33 which the license was issued, on a highway. The term includes
9393 34 any endorsements added to the license under IC 9-24-8.5.
9494 35 (b) Notwithstanding the July 1, 2021, effective date in HEA
9595 36 1506-2019, SECTION 33 (P.L.178-2019), this section takes effect July
9696 37 1, 2020 (rather than July 1, 2021).
9797 38 (b) The term does not include a driving record card or a driving
9898 39 record card learner's permit.
9999 40 SECTION 5. IC 9-13-2-93.4 IS ADDED TO THE INDIANA CODE
100100 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
101101 42 1, 2022]: Sec. 93.4. "Licensed driver" means an individual holding
102102 2022 IN 1195—LS 6333/DI 139 3
103103 1 either of the following:
104104 2 (1) A valid driver's license issued under IC 9-24-3.
105105 3 (2) A valid driving record card issued under IC 9-24-3.5.
106106 4 SECTION 6. IC 9-13-2-123.5, AS AMENDED BY P.L.120-2020,
107107 5 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108108 6 JULY 1, 2022]: Sec. 123.5. (a) "Permit" means the following:
109109 7 (1) A permit issued by the state in physical form authorizing an
110110 8 individual to operate the type of vehicle for which the permit was
111111 9 issued on public streets, roads, or highways with certain
112112 10 restrictions. The term under this subdivision includes the
113113 11 following:
114114 12 (A) A learner's permit.
115115 13 (B) A motorcycle permit.
116116 14 (C) A commercial learner's permit.
117117 15 (D) A driving record card.
118118 16 (E) A driving record card learner's permit.
119119 17 (2) A permit issued by the state in the form of a mobile credential
120120 18 authorizing an individual to operate the type of vehicle for which
121121 19 the permit was issued on public streets, roads, or highways with
122122 20 certain restrictions. The term under this subdivision includes a
123123 21 learner's permit and a motorcycle permit. The term under this
124124 22 subdivision does not include a commercial learner's permit, a
125125 23 driving record card, or a driving record card learner's
126126 24 permit.
127127 25 (b) Notwithstanding the July 1, 2021, effective date in HEA
128128 26 1506-2019, SECTION 37 (P.L.178-2019), this section takes effect July
129129 27 1, 2020 (rather than July 1, 2021).
130130 28 SECTION 7. IC 9-14-6-5, AS ADDED BY P.L.198-2016,
131131 29 SECTION 186, IS AMENDED TO READ AS FOLLOWS
132132 30 [EFFECTIVE JULY 1, 2022]: Sec. 5. "Highly restricted personal
133133 31 information" means the following information that identifies an
134134 32 individual:
135135 33 (1) Digital photograph or image.
136136 34 (2) Social Security number.
137137 35 (3) Individual taxpayer identification number.
138138 36 (3) (4) Medical or disability information.
139139 37 (5) Type of credential held by an individual.
140140 38 SECTION 8. IC 9-14-6-6, AS ADDED BY P.L.198-2016,
141141 39 SECTION 186, IS AMENDED TO READ AS FOLLOWS
142142 40 [EFFECTIVE JULY 1, 2022]: Sec. 6. "Personal information" means
143143 41 information that identifies an individual, including an individual's:
144144 42 (1) digital photograph or image;
145145 2022 IN 1195—LS 6333/DI 139 4
146146 1 (2) Social Security number;
147147 2 (3) driver's license, driving record card, or identification
148148 3 document number;
149149 4 (4) name;
150150 5 (5) address (but not the ZIP code);
151151 6 (6) telephone number; or
152152 7 (7) medical or disability information.
153153 8 The term does not include information about vehicular accidents,
154154 9 driving or equipment related violations, and or an individual's driver's
155155 10 license, driving record card, or registration status.
156156 11 SECTION 9. IC 9-14-8-3, AS ADDED BY P.L.198-2016,
157157 12 SECTION 188, IS AMENDED TO READ AS FOLLOWS
158158 13 [EFFECTIVE JULY 1, 2022]: Sec. 3. The bureau may do the
159159 14 following:
160160 15 (1) Adopt and enforce rules under IC 4-22-2 that are necessary to
161161 16 carry out this title.
162162 17 (2) Subject to the approval of the commission, request the
163163 18 necessary office space, storage space, and parking facilities for
164164 19 each license branch operated by the commission from the Indiana
165165 20 department of administration as provided in IC 4-20.5-5-5.
166166 21 (3) Upon any reasonable ground appearing on the records of the
167167 22 bureau and subject to rules and guidelines of the bureau, suspend
168168 23 or revoke the following:
169169 24 (A) The current driving privileges or driver's license of any
170170 25 individual.
171171 26 (B) The current driving privileges or driving record card
172172 27 of any individual.
173173 28 (B) (C) The certificate of registration and proof of registration
174174 29 for any vehicle.
175175 30 (C) (D) The certificate of registration and proof of registration
176176 31 for any watercraft, off-road vehicle, or snowmobile.
177177 32 (4) With the approval of the commission, adopt rules under
178178 33 IC 4-22-2 to do the following:
179179 34 (A) Increase or decrease any fee or charge imposed under this
180180 35 title.
181181 36 (B) Impose a fee on any other service for which a fee is not
182182 37 imposed under this article.
183183 38 (C) Increase or decrease a fee imposed under clause (B).
184184 39 (D) Designate the fund or account in which a:
185185 40 (i) fee increase under clause (A) or (C); or
186186 41 (ii) new fee under clause (B);
187187 42 shall be deposited.
188188 2022 IN 1195—LS 6333/DI 139 5
189189 1 SECTION 10. IC 9-14-11-5, AS ADDED BY P.L.198-2016,
190190 2 SECTION 191, IS AMENDED TO READ AS FOLLOWS
191191 3 [EFFECTIVE JULY 1, 2022]: Sec. 5. The board shall provide the
192192 4 commissioner and the office of traffic safety created by IC 9-27-2-2
193193 5 with assistance in the administration of Indiana driver licensing laws,
194194 6 including:
195195 7 (1) providing guidance to the commissioner in the area of
196196 8 licensing drivers with health or other problems that may adversely
197197 9 affect a driver's ability to operate a vehicle safely;
198198 10 (2) recommending factors to be used in determining qualifications
199199 11 and ability for issuance and retention of a driver's license or
200200 12 driving record card; and
201201 13 (3) recommending and participating in the review of license and
202202 14 driving record card suspension, restriction, or revocation appeal
203203 15 procedures, including reasonable investigation into the facts of
204204 16 the matter.
205205 17 SECTION 11. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
206206 18 SECTION 193, IS AMENDED TO READ AS FOLLOWS
207207 19 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The bureau shall not disclose:
208208 20 (1) the Social Security number;
209209 21 (2) the federal identification number;
210210 22 (3) the driver's license or driving record card number;
211211 23 (4) the digital image of the driver's license, driving record card,
212212 24 identification card, or photo exempt identification card applicant;
213213 25 (5) a reproduction of the signature secured under IC 9-24-9-1,
214214 26 IC 9-24-16-2, or IC 9-24-16.5-2; or
215215 27 (6) medical or disability information;
216216 28 (7) the individual taxpayer identification number;
217217 29 (8) the type of credential held by an individual; or
218218 30 (9) the renewal date of a driver's license or driving record
219219 31 card;
220220 32 of any individual except as provided in subsection subsections (b) and
221221 33 (c).
222222 34 (b) The bureau may disclose any information listed in subsection
223223 35 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6):
224224 36 (1) to a law enforcement officer;
225225 37 (2) to an agent or a designee of the department of state revenue;
226226 38 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
227227 39 IC 9-14-13-7(6), and IC 9-14-13-7(9); section 7(1), 7(4), 7(6),
228228 40 and 7(9) of this chapter; or
229229 41 (4) for voter registration and election purposes required under
230230 42 IC 3-7 or IC 9-24-2.5.
231231 2022 IN 1195—LS 6333/DI 139 6
232232 1 (c) If the commissioner is presented with a lawful court order or
233233 2 judicial warrant, the bureau may disclose any information listed in
234234 3 subsection (a)(1), (a)(7), (a)(8), or (a)(9):
235235 4 (1) to a law enforcement officer;
236236 5 (2) to an agent or a designee of the department of state
237237 6 revenue;
238238 7 (3) for uses permitted under section 7(1), 7(4), 7(6), and 7(9)
239239 8 of this chapter; or
240240 9 (4) for voter registration and election purposes required
241241 10 under IC 3-7 or IC 9-24-2.5.
242242 11 SECTION 12. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
243243 12 SECTION 193, IS AMENDED TO READ AS FOLLOWS
244244 13 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in section
245245 14 2(c) of this chapter, the bureau may disclose certain personal
246246 15 information that is not highly restricted personal information, if the
247247 16 person requesting the information provides proof of identity and
248248 17 represents that the use of the personal information will be strictly
249249 18 limited to at least one (1) of the following:
250250 19 (1) For use by a government agency, including a court or law
251251 20 enforcement agency, in carrying out its functions, or a person
252252 21 acting on behalf of a government agency in carrying out its
253253 22 functions.
254254 23 (2) For use in connection with matters concerning:
255255 24 (A) motor vehicle or driver safety and theft;
256256 25 (B) motor vehicle emissions;
257257 26 (C) motor vehicle product alterations, recalls, or advisories;
258258 27 (D) performance monitoring of motor vehicles, motor vehicle
259259 28 parts, and dealers;
260260 29 (E) motor vehicle market research activities, including survey
261261 30 research;
262262 31 (F) the removal of nonowner records from the original owner
263263 32 records of motor vehicle manufacturers; and
264264 33 (G) motor fuel theft under IC 24-4.6-5.
265265 34 (3) For use in the normal course of business by a business or its
266266 35 agents, employees, or contractors, but only:
267267 36 (A) to verify the accuracy of personal information submitted
268268 37 by an individual to the business or its agents, employees, or
269269 38 contractors; and
270270 39 (B) if information submitted to a business is not correct or is
271271 40 no longer correct, to obtain the correct information only for
272272 41 purposes of preventing fraud by pursuing legal remedies
273273 42 against, or recovering on a debt or security interest against, the
274274 2022 IN 1195—LS 6333/DI 139 7
275275 1 individual.
276276 2 (4) For use in connection with a civil, a criminal, an
277277 3 administrative, or an arbitration proceeding in a court or
278278 4 government agency or before a self-regulatory body, including the
279279 5 service of process, investigation in anticipation of litigation, and
280280 6 the execution or enforcement of judgments and orders, or under
281281 7 an order of a court.
282282 8 (5) For use in research activities, and for use in producing
283283 9 statistical reports, as long as the personal information is not
284284 10 published, redisclosed, or used to contact the individuals who are
285285 11 the subject of the personal information.
286286 12 (6) For use by an insurer, an insurance support organization, or a
287287 13 self-insured entity, or the agents, employees, or contractors of an
288288 14 insurer, an insurance support organization, or a self-insured entity
289289 15 in connection with claims investigation activities, anti-fraud
290290 16 activities, rating, or underwriting.
291291 17 (7) For use in providing notice to the owners of towed or
292292 18 impounded vehicles.
293293 19 (8) For use by a licensed private investigative agency or licensed
294294 20 security service for a purpose allowed under this section.
295295 21 (9) For use by an employer or its agent or insurer to obtain or
296296 22 verify information relating to a holder of a commercial driver's
297297 23 license that is required under the Commercial Motor Vehicle
298298 24 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
299299 25 (10) For use in connection with the operation of private toll
300300 26 transportation facilities.
301301 27 (11) For any use in response to requests for individual motor
302302 28 vehicle records when the bureau has obtained the written consent
303303 29 of the person to whom the personal information pertains.
304304 30 (12) For bulk distribution for surveys, marketing, or solicitations
305305 31 when the bureau has obtained the written consent of the person to
306306 32 whom the personal information pertains.
307307 33 (13) For use by any person, when the person demonstrates, in a
308308 34 form and manner prescribed by the bureau, that written consent
309309 35 has been obtained from the individual who is the subject of the
310310 36 information.
311311 37 (14) For any other use specifically authorized by law that is
312312 38 related to the operation of a motor vehicle or public safety.
313313 39 However, this section does not affect the use of anatomical gift
314314 40 information on a person's driver's license, driving record card, or
315315 41 identification document issued by the bureau, nor does this section
316316 42 affect the administration of anatomical gift initiatives in Indiana.
317317 2022 IN 1195—LS 6333/DI 139 8
318318 1 SECTION 13. IC 9-21-8-52, AS AMENDED BY P.L.144-2019,
319319 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
320320 3 JULY 1, 2022]: Sec. 52. (a) A person who operates a vehicle and who
321321 4 recklessly:
322322 5 (1) drives at such an unreasonably high rate of speed or at such an
323323 6 unreasonably low rate of speed under the circumstances as to:
324324 7 (A) endanger the safety or the property of others; or
325325 8 (B) block the proper flow of traffic;
326326 9 (2) passes another vehicle from the rear while on a slope or on a
327327 10 curve where vision is obstructed for a distance of less than five
328328 11 hundred (500) feet ahead;
329329 12 (3) drives in and out of a line of traffic, except as otherwise
330330 13 permitted; or
331331 14 (4) speeds up or refuses to give one-half (1/2) of the roadway to
332332 15 a driver overtaking and desiring to pass;
333333 16 commits a Class C misdemeanor. However, the offense is a Class A
334334 17 misdemeanor if it causes bodily injury to a person.
335335 18 (b) A person who operates a vehicle and who recklessly passes a
336336 19 school bus stopped on a roadway or a private road when the arm signal
337337 20 device specified in IC 9-21-12-13 is in the device's extended position
338338 21 commits a Class A misdemeanor. However, the offense is a Level 6
339339 22 felony if it causes bodily injury to a person, and a Level 5 felony if it
340340 23 causes the death of a person.
341341 24 (c) If an offense under subsection (a) results in damage to the
342342 25 property of another person, it is a Class B misdemeanor and the court
343343 26 may recommend the suspension of the current driving license, driving
344344 27 record card, or driving record card learner's permit of the person
345345 28 convicted of the offense described in subsection (a) for a fixed period
346346 29 of not more than one (1) year.
347347 30 (d) If an offense under subsection (a) causes bodily injury to a
348348 31 person, the court may recommend the suspension of the driving
349349 32 privileges of the person convicted of the offense described in this
350350 33 subsection for a fixed period of not more than one (1) year.
351351 34 (e) In addition to any other penalty imposed under subsection (b),
352352 35 the court may suspend the person's driving privileges:
353353 36 (1) for ninety (90) days; or
354354 37 (2) if the person has committed at least one (1) previous offense
355355 38 under this section or IC 9-21-12-1, for one (1) year.
356356 39 SECTION 14. IC 9-21-11-12, AS AMENDED BY P.L.111-2021,
357357 40 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358358 41 JULY 1, 2022]: Sec. 12. A motor driven cycle may not be operated
359359 42 under any of the following conditions:
360360 2022 IN 1195—LS 6333/DI 139 9
361361 1 (1) By an individual less than fifteen (15) years of age.
362362 2 (2) By an individual who does not have:
363363 3 (A) an unexpired identification card with a motor driven cycle
364364 4 endorsement issued to the individual by the bureau under
365365 5 IC 9-24-16;
366366 6 (B) a valid driver's license or driving record card; or
367367 7 (C) a valid learner's permit or driving record card learner's
368368 8 permit.
369369 9 (3) On an interstate highway or a sidewalk.
370370 10 (4) At a speed greater than thirty-five (35) miles per hour.
371371 11 (5) The vehicle has not been registered as a motor driven cycle.
372372 12 SECTION 15. IC 9-24-1-1, AS AMENDED BY P.L.111-2021,
373373 13 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
374374 14 JULY 1, 2022]: Sec. 1. (a) Except as provided in section 7 of this
375375 15 chapter, an individual must have a valid:
376376 16 (1) driver's license; or
377377 17 (2) permit;
378378 18 including any necessary endorsements, issued to the individual by the
379379 19 bureau to operate upon a highway the type of motor vehicle for which
380380 20 the driver's license, endorsement, or permit was issued.
381381 21 (b) An individual must have:
382382 22 (1) an unexpired identification card with a motor driven cycle
383383 23 endorsement issued to the individual by the bureau under
384384 24 IC 9-24-16;
385385 25 (2) a valid driver's license or driving record card; or
386386 26 (3) a valid learner's permit or driving record card learner's
387387 27 permit;
388388 28 to operate a motor driven cycle upon a highway.
389389 29 (c) An individual who violates this section commits a Class C
390390 30 infraction.
391391 31 SECTION 16. IC 9-24-2-1, AS AMENDED BY P.L.111-2021,
392392 32 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
393393 33 JULY 1, 2022]: Sec. 1. (a) The bureau shall suspend the driving
394394 34 privileges or invalidate the learner's permit or driving record card
395395 35 learner's permit of an individual who is at least fifteen (15) years of
396396 36 age and less than eighteen (18) years of age and meets any of the
397397 37 following conditions:
398398 38 (1) Is a habitual truant under IC 20-33-2-11.
399399 39 (2) Is under at least a second suspension from school for the
400400 40 school year under IC 20-33-8-14 or IC 20-33-8-15.
401401 41 (3) Is under an expulsion from school under IC 20-33-8-14,
402402 42 IC 20-33-8-15, or IC 20-33-8-16.
403403 2022 IN 1195—LS 6333/DI 139 10
404404 1 (4) Is considered a dropout under IC 20-33-2-28.5.
405405 2 (b) At least five (5) days before holding an exit interview under
406406 3 IC 20-33-2-28.5, the school corporation shall give notice by certified
407407 4 mail or personal delivery to the student, the student's parent, or the
408408 5 student's guardian that the student's failure to attend an exit interview
409409 6 under IC 20-33-2-28.5 or return to school if the student does not meet
410410 7 the requirements to withdraw from school under IC 20-33-2-28.5 may
411411 8 result in the revocation or denial of the student's:
412412 9 (1) driver's license, or learner's permit, driving record card, or
413413 10 driving record card learner's permit; and
414414 11 (2) employment certificate issued under IC 22-2-18 (before its
415415 12 expiration on June 30, 2021).
416416 13 SECTION 17. IC 9-24-2-2, AS AMENDED BY P.L.125-2012,
417417 14 SECTION 167, IS AMENDED TO READ AS FOLLOWS
418418 15 [EFFECTIVE JULY 1, 2022]: Sec. 2. The bureau shall suspend the
419419 16 driving privileges or invalidate the learner's permit or driving record
420420 17 card learner's permit of an individual less than eighteen (18) years of
421421 18 age who is under an order entered by a juvenile court under
422422 19 IC 31-37-19-13 through IC 31-37-19-17 (or IC 31-6-4-15.9(d),
423423 20 IC 31-6-4-15.9(e), or IC 31-6-4-15.9(f) before their repeal).
424424 21 SECTION 18. IC 9-24-2-2.5, AS AMENDED BY P.L.257-2017,
425425 22 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
426426 23 JULY 1, 2022]: Sec. 2.5. (a) The bureau shall suspend the driving
427427 24 privileges or invalidate the learner's permit or driving record card
428428 25 learner's permit of an individual who is under an order entered by a
429429 26 court under IC 35-43-1-2(d).
430430 27 (b) The bureau shall suspend the driving privileges or invalidate the
431431 28 learner's permit or driving record card learner's permit of an
432432 29 individual who is the subject of an order issued under IC 31-37-19-17
433433 30 (or IC 31-6-4-15.9(f) before its repeal) or IC 35-43-1-2(d).
434434 31 SECTION 19. IC 9-24-2-3, AS AMENDED BY P.L.198-2016,
435435 32 SECTION 424, IS AMENDED TO READ AS FOLLOWS
436436 33 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The bureau may not issue a
437437 34 driver's license, or driving record card, learner's permit, or driving
438438 35 record card learner's permit or grant driving privileges to the
439439 36 following individuals:
440440 37 (1) An individual whose driving privileges have been suspended,
441441 38 during the period for which the driving privileges are suspended,
442442 39 or to an individual whose driver's license or driving record card
443443 40 has been revoked, until the time the bureau is authorized under
444444 41 Indiana law to issue the individual a new driver's license or
445445 42 driving record card.
446446 2022 IN 1195—LS 6333/DI 139 11
447447 1 (2) An individual whose learner's permit or driving record card
448448 2 learner's permit has been suspended or revoked until the time
449449 3 the bureau is authorized under Indiana law to issue the individual
450450 4 a new learner's permit or driving record card learner's permit.
451451 5 (3) An individual who, in the opinion of the bureau, is afflicted
452452 6 with or suffering from a physical or mental disability or disease
453453 7 that prevents the individual from exercising reasonable and
454454 8 ordinary control over a motor vehicle while operating the motor
455455 9 vehicle on a highway.
456456 10 (4) An individual who is unable to understand highway warnings
457457 11 or direction signs written in the English language.
458458 12 (5) An individual who is required under this article to take an
459459 13 examination unless:
460460 14 (A) the individual successfully passes the examination; or
461461 15 (B) the bureau waives the examination requirement.
462462 16 (6) An individual who is required under IC 9-25 or any other
463463 17 statute to deposit or provide proof of financial responsibility and
464464 18 who has not deposited or provided that proof.
465465 19 (7) An individual when the bureau has good cause to believe that
466466 20 the operation of a motor vehicle on a highway by the individual
467467 21 would be inimical to public safety or welfare.
468468 22 (8) An individual who is the subject of an order issued by:
469469 23 (A) a court under IC 31-16-12-7 (or IC 31-1-11.5-13,
470470 24 IC 31-6-6.1-16, or IC 31-14-12-4 before their repeal); or
471471 25 (B) the Title IV-D agency;
472472 26 ordering that a driver's license or permit not be issued to the
473473 27 individual.
474474 28 (9) This subdivision does not apply to a driving record card or
475475 29 driving record card learner's permit and any driving
476476 30 privileges authorized by a driving record card or driving
477477 31 record card learner's permit. An individual who has not
478478 32 presented valid documentary evidence to the bureau of the
479479 33 individual's legal status in the United States, as required by
480480 34 IC 9-24-9-2.5.
481481 35 (10) An individual who does not otherwise satisfy the
482482 36 requirements of this article.
483483 37 (b) An individual subject to epileptic seizures may not be denied a
484484 38 driver's license or permit under this section if the individual presents
485485 39 a statement from a licensed physician, on a form prescribed by the
486486 40 bureau, that the individual is under medication and is free from
487487 41 seizures while under medication.
488488 42 SECTION 20. IC 9-24-2-4, AS AMENDED BY P.L.111-2021,
489489 2022 IN 1195—LS 6333/DI 139 12
490490 1 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
491491 2 JULY 1, 2022]: Sec. 4. (a) If an individual is at least fifteen (15) years
492492 3 of age and less than eighteen (18) years of age and is a habitual truant,
493493 4 is under a suspension or an expulsion, or has withdrawn from school as
494494 5 described in section 1 of this chapter, the bureau shall, upon
495495 6 notification by an authorized representative of the individual's school
496496 7 corporation, suspend the individual's driving privileges until the
497497 8 earliest of the following:
498498 9 (1) The individual becomes eighteen (18) years of age.
499499 10 (2) One hundred twenty (120) days after the individual is
500500 11 suspended.
501501 12 (3) The suspension, expulsion, or exclusion is reversed after the
502502 13 individual has had a hearing under IC 20-33-8.
503503 14 (b) The bureau shall promptly mail a notice to the individual's last
504504 15 known address that states the following:
505505 16 (1) That the individual's driving privileges will be suspended for
506506 17 a specified period commencing five (5) days after the date of the
507507 18 notice.
508508 19 (2) That the individual has the right to appeal the suspension of
509509 20 the driving privileges.
510510 21 (c) If an aggrieved individual believes that:
511511 22 (1) the information provided was technically incorrect; or
512512 23 (2) the bureau committed a technical or procedural error;
513513 24 the aggrieved individual may appeal the invalidation of a driver's
514514 25 license or driving record card under section 5 of this chapter.
515515 26 (d) If an individual satisfies the conditions for reinstatement of a
516516 27 driver's license the individual's driving privileges under this section,
517517 28 the individual may submit to the bureau for review the necessary
518518 29 information certifying that at least one (1) of the events described in
519519 30 subsection (a) has occurred.
520520 31 (e) Upon reviewing and certifying the information received under
521521 32 subsection (d), the bureau shall reinstate the individual's driving
522522 33 privileges.
523523 34 (f) An individual may not operate a motor vehicle in violation of this
524524 35 section.
525525 36 (g) An individual whose driving privileges are suspended under this
526526 37 section is eligible to apply for specialized driving privileges under
527527 38 IC 9-30-16.
528528 39 (h) The bureau shall reinstate the driving privileges of an individual
529529 40 whose driving privileges were suspended under this section if the
530530 41 individual does the following:
531531 42 (1) Establishes to the satisfaction of the principal of the school
532532 2022 IN 1195—LS 6333/DI 139 13
533533 1 where the action occurred that caused the suspension of the
534534 2 driving privileges that the individual has:
535535 3 (A) enrolled in a full-time or part-time program of education;
536536 4 and
537537 5 (B) participated for thirty (30) or more days in the program of
538538 6 education.
539539 7 (2) Submits to the bureau a form developed by the bureau that
540540 8 contains:
541541 9 (A) the verified signature of the principal or the president of
542542 10 the governing body of the school described in subdivision (1);
543543 11 and
544544 12 (B) notification to the bureau that the person has complied
545545 13 with subdivision (1).
546546 14 An individual may appeal the decision of a principal under subdivision
547547 15 (1) to the governing body of the school corporation where the
548548 16 principal's school is located.
549549 17 SECTION 21. IC 9-24-3-1, AS AMENDED BY P.L.111-2021,
550550 18 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
551551 19 JULY 1, 2022]: Sec. 1. (a) Except as otherwise provided in this article,
552552 20 the bureau shall issue a driver's license to an individual who meets the
553553 21 following conditions:
554554 22 (1) Satisfies the age requirements set forth in section 2.5 of this
555555 23 chapter.
556556 24 (2) Makes proper application to the bureau under IC 9-24-9 upon
557557 25 a form prescribed by the bureau. The form must include an
558558 26 attestation concerning the number of hours of supervised driving
559559 27 practice that the individual has completed if the individual is
560560 28 required under section 2.5 of this chapter to complete a certain
561561 29 number of hours of supervised driving practice in order to receive
562562 30 a driver's license. The:
563563 31 (A) parent or guardian of an applicant less than eighteen (18)
564564 32 years of age; or
565565 33 (B) applicant, if the applicant is at least eighteen (18) years of
566566 34 age;
567567 35 shall attest in writing under penalty of perjury to the time logged
568568 36 in practice driving.
569569 37 (3) Satisfactorily passes the examination and tests required for
570570 38 issuance of a driver's license under IC 9-24-10.
571571 39 (4) Except as provided in subsection (e), pays the following
572572 40 applicable fee:
573573 41 (A) For an individual who is less than seventy-five (75) years
574574 42 of age, seventeen dollars and fifty cents ($17.50).
575575 2022 IN 1195—LS 6333/DI 139 14
576576 1 (B) For an individual who is at least seventy-five (75) years of
577577 2 age but less than eighty-five (85) years of age, eleven dollars
578578 3 ($11).
579579 4 (C) For an individual who is at least eighty-five (85) years of
580580 5 age, seven dollars ($7).
581581 6 (b) The bureau shall issue a driving record card to an individual
582582 7 who:
583583 8 (1) meets the criteria described in IC 9-24-3.5; and
584584 9 (2) except as provided in subsection (f), pays the applicable fee
585585 10 as follows:
586586 11 (A) For an individual who is less than seventy-five (75)
587587 12 years of age, seventeen dollars and fifty cents ($17.50).
588588 13 (B) For an individual who is at least seventy-five (75) years
589589 14 of age but less than eighty-five (85) years of age, eleven
590590 15 dollars ($11).
591591 16 (C) For an individual who is at least eighty-five (85) years
592592 17 of age, seven dollars ($7).
593593 18 (b) (c) A fee described in subsection (a)(4)(A) or (b)(2)(A) shall be
594594 19 distributed as follows:
595595 20 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
596596 21 (2) Two dollars ($2) to the crossroads 2000 fund.
597597 22 (3) Four dollars and fifty cents ($4.50) to the motor vehicle
598598 23 highway account.
599599 24 (4) One dollar and twenty-five cents ($1.25) to the integrated
600600 25 public safety communications fund.
601601 26 (5) Nine dollars and twenty-five cents ($9.25) to the commission
602602 27 fund.
603603 28 (c) (d) A fee described in subsection (a)(4)(B) or (b)(2)(B) shall be
604604 29 distributed as follows:
605605 30 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
606606 31 (2) One dollar and fifty cents ($1.50) to the crossroads 2000 fund.
607607 32 (3) Three dollars ($3) to the motor vehicle highway account.
608608 33 (4) One dollar and twenty-five cents ($1.25) to the integrated
609609 34 public safety communications fund.
610610 35 (5) Four dollars and seventy-five cents ($4.75) to the commission
611611 36 fund.
612612 37 (d) (e) A fee described in subsection (a)(4)(C) or (b)(2)(C) shall be
613613 38 distributed as follows:
614614 39 (1) Fifty cents ($0.50) to the state motor vehicle technology fund.
615615 40 (2) One dollar ($1) to the crossroads 2000 fund.
616616 41 (3) Two dollars ($2) to the motor vehicle highway account.
617617 42 (4) One dollar and twenty-five cents ($1.25) to the integrated
618618 2022 IN 1195—LS 6333/DI 139 15
619619 1 public safety communications fund.
620620 2 (5) Two dollars and twenty-five cents ($2.25) to the commission
621621 3 fund.
622622 4 (e) (f) A fee described in subsection (a)(4) or (b)(2) may not be
623623 5 charged to an individual who:
624624 6 (1) is under the care and supervision of the department of child
625625 7 services; or
626626 8 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
627627 9 defined in IC 31-36-3-4) and presents a fee and consent waiver
628628 10 affidavit described in IC 31-36-3-4(c);
629629 11 and meets all other requirements for a driver's license or driving
630630 12 record card under this article.
631631 13 SECTION 22. IC 9-24-3.5 IS ADDED TO THE INDIANA CODE
632632 14 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
633633 15 JULY 1, 2022]:
634634 16 Chapter 3.5. Driving Record Card
635635 17 Sec. 1. An individual who is unable to present the valid
636636 18 documentary evidence required by IC 9-24-9-2.5 may apply to the
637637 19 bureau for a driving record card.
638638 20 Sec. 2. The bureau shall issue a driving record card to an
639639 21 individual who meets the following conditions:
640640 22 (1) Satisfies the age requirements set forth in section 3 of this
641641 23 chapter.
642642 24 (2) Makes proper application to the bureau under IC 9-24-9
643643 25 upon a form prescribed by the bureau. The form must include
644644 26 an attestation concerning the number of hours of supervised
645645 27 driving practice that the individual has completed if the
646646 28 individual is required under section 3 of this chapter to
647647 29 complete a certain number of hours of supervised driving
648648 30 practice in order to receive a driving record card. The:
649649 31 (A) parent or guardian of an applicant less than eighteen
650650 32 (18) years of age; or
651651 33 (B) applicant, if the applicant is at least eighteen (18) years
652652 34 of age;
653653 35 shall attest in writing under penalty of perjury to the time
654654 36 logged in practice driving.
655655 37 (3) Satisfactorily passes the examination and tests required
656656 38 for issuance of a driving record card under IC 9-24-10.
657657 39 (4) Pays the fee prescribed by IC 9-24-3-1(b).
658658 40 Sec. 3. (a) An individual must satisfy the requirements set forth
659659 41 in one (1) of the following subdivisions to receive a driving record
660660 42 card:
661661 2022 IN 1195—LS 6333/DI 139 16
662662 1 (1) The individual meets the following conditions:
663663 2 (A) Is at least sixteen (16) years and ninety (90) days of age.
664664 3 (B) Has held a valid driving record card learner's permit
665665 4 for at least one hundred eighty (180) days.
666666 5 (C) Obtains an instructor's certification that the individual
667667 6 has satisfactorily completed an approved driver education
668668 7 course.
669669 8 (D) Passes the required examinations.
670670 9 (E) Completes at least fifty (50) hours of supervised driving
671671 10 practice, of which at least ten (10) hours are nighttime
672672 11 driving, as provided in subsection (b).
673673 12 (2) The individual meets the following conditions:
674674 13 (A) Is at least sixteen (16) years and two hundred seventy
675675 14 (270) days of age.
676676 15 (B) Has held a valid driving record card learner's permit
677677 16 for at least one hundred eighty (180) days.
678678 17 (C) Passes the required examinations.
679679 18 (D) Completes at least fifty (50) hours of supervised
680680 19 driving practice, of which at least ten (10) hours are
681681 20 nighttime driving, as provided in subsection (b).
682682 21 (3) The individual meets the following conditions:
683683 22 (A) Is at least sixteen (16) years and one hundred eighty
684684 23 (180) days of age but less than eighteen (18) years of age.
685685 24 (B) Has previously been a nonresident of Indiana, but at
686686 25 the time of application, qualifies as an Indiana resident.
687687 26 (C) Has held for at least one hundred eighty (180) days a
688688 27 valid driver's license, excluding a learner's permit or the
689689 28 equivalent, in the state or a combination of states in which
690690 29 the individual formerly resided.
691691 30 (D) Passes the required examinations.
692692 31 (4) The individual meets the following conditions:
693693 32 (A) Is at least eighteen (18) years of age.
694694 33 (B) Has previously been a nonresident of Indiana, but at
695695 34 the time of application, qualifies as an Indiana resident.
696696 35 (C) Held a valid driver's license, excluding a learner's
697697 36 permit or the equivalent, from the state of prior residence.
698698 37 (D) Passes the required examinations.
699699 38 (5) The individual meets the following conditions:
700700 39 (A) Is at least eighteen (18) years of age.
701701 40 (B) Is a person with a disability.
702702 41 (C) Has successfully completed driver rehabilitation
703703 42 training by a certified driver rehabilitation specialist
704704 2022 IN 1195—LS 6333/DI 139 17
705705 1 recognized by the bureau.
706706 2 (D) Passes the required examinations.
707707 3 (b) An applicant who is required to complete at least fifty (50)
708708 4 hours of supervised driving under subsection (a)(1)(E) or (a)(2)(D)
709709 5 must do the following:
710710 6 (1) If the applicant is less than eighteen (18) years of age,
711711 7 complete the practice driving with:
712712 8 (A) a licensed driver, with valid driving privileges, who is:
713713 9 (i) at least twenty-five (25) years of age; and
714714 10 (ii) related to the applicant by blood, marriage, or legal
715715 11 status;
716716 12 (B) the spouse of the applicant who is:
717717 13 (i) a licensed driver with valid driving privileges; and
718718 14 (ii) at least twenty-one (21) years of age; or
719719 15 (C) an individual with valid driving privileges who:
720720 16 (i) is licensed as a driver education instructor under
721721 17 IC 9-27-6-8 and is working under the direction of a
722722 18 driver training school described in IC 9-27-6-3(a)(2); or
723723 19 (ii) is a certified driver rehabilitation specialist
724724 20 recognized by the bureau who is employed through a
725725 21 driver rehabilitation program.
726726 22 (2) If the applicant is at least eighteen (18) years of age,
727727 23 complete the driving practice with:
728728 24 (A) a licensed driver, with valid driving privileges, who is
729729 25 at least twenty-five (25) years of age; or
730730 26 (B) the spouse of the applicant who is:
731731 27 (i) a licensed driver with valid driving privileges; and
732732 28 (ii) at least twenty-one (21) years of age.
733733 29 (3) If the applicant is less than eighteen (18) years of age and
734734 30 is under the care and supervision of the department of child
735735 31 services, complete the driving practice with:
736736 32 (A) a licensed driver with valid driving privileges who is:
737737 33 (i) at least twenty-five (25) years of age; and
738738 34 (ii) related to the applicant by blood, marriage, or legal
739739 35 status;
740740 36 (B) a licensed driver with valid driving privileges who is:
741741 37 (i) at least twenty-five (25) years of age; and
742742 38 (ii) approved by the department of child services; or
743743 39 (C) an individual with valid driving privileges who is:
744744 40 (i) licensed as a driver education instructor under
745745 41 IC 9-27-6-8 and is working under the direction of a
746746 42 driver training school described in IC 9-27-6-3(a)(2); or
747747 2022 IN 1195—LS 6333/DI 139 18
748748 1 (ii) a certified driver rehabilitation specialist recognized
749749 2 by the bureau who is employed through a driver
750750 3 rehabilitation program.
751751 4 (4) Submit to the commission under IC 9-24-9-2(c) evidence
752752 5 of the time logged in practice driving.
753753 6 (c) The bureau may waive:
754754 7 (1) up to six (6) months of the age requirement;
755755 8 (2) any of the experience or practice and driving
756756 9 requirements; or
757757 10 (3) the requirements described in both subdivisions (1) and
758758 11 (2);
759759 12 for an individual making an application for the individual's driving
760760 13 record card due to hardship conditions.
761761 14 Sec. 4. In addition to applicable fees collected under
762762 15 IC 9-24-3-1(b) for a driving record card, the bureau shall collect a
763763 16 supplemental fee of fifty dollars ($50) for an individual to obtain a
764764 17 driving record card.
765765 18 Sec. 5. A driving record card must include a statement on the
766766 19 face of the card that indicates that the driving record card may not
767767 20 be accepted by any federal agency for federal identification or any
768768 21 other federal purpose.
769769 22 Sec. 6. A driving record card may not be used for the purpose
770770 23 of:
771771 24 (1) voting; or
772772 25 (2) employment verification.
773773 26 Sec. 7. A driving record card allows the holder to operate a
774774 27 passenger motor vehicle or a truck with a declared gross weight
775775 28 equal to or less than eleven thousand (11,000) pounds.
776776 29 Sec. 8. An individual who holds a driving record card and
777777 30 operates a motor vehicle shall verify financial responsibility on any
778778 31 motor vehicle the holder operates is continuously maintained in the
779779 32 amounts required by IC 9-25-4.
780780 33 Sec. 9. (a) The bureau may impose an additional fee of
781781 34 twenty-five dollars ($25) if the bureau processes a credential
782782 35 application under this chapter in a period of time that is shorter
783783 36 than the normal processing period. The bureau shall deposit the fee
784784 37 in the commission fund.
785785 38 (b) A fee imposed under this section is in addition to any other
786786 39 fee imposed under this chapter.
787787 40 Sec. 10. The bureau shall adopt rules under IC 4-22-2 to
788788 41 implement this chapter.
789789 42 SECTION 23. IC 9-24-7-1, AS AMENDED BY P.L.155-2019,
790790 2022 IN 1195—LS 6333/DI 139 19
791791 1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
792792 2 JULY 1, 2022]: Sec. 1. (a) The bureau shall issue a learner's permit or
793793 3 driving record card learner's permit to an individual who satisfies
794794 4 the following conditions:
795795 5 (1) Makes a proper application in the form and manner prescribed
796796 6 by the bureau.
797797 7 (2) Except as provided in subsection (d), (e), pays a fee under
798798 8 subsection (b) (c) or (c), (d), as applicable.
799799 9 (3) If less than eighteen (18) years of age, is not ineligible under
800800 10 IC 9-24-2-1.
801801 11 (4) Has passed a written examination as required under
802802 12 IC 9-24-10.
803803 13 (5) Either:
804804 14 (A) is at least sixteen (16) years of age; or
805805 15 (B) if at least fifteen (15) years of age but less than sixteen
806806 16 (16) years of age, is enrolled in an approved driver education
807807 17 course.
808808 18 (b) An individual who is unable to present the valid
809809 19 documentary evidence required by IC 9-24-9-2.5 may apply for a
810810 20 driving record card learner's permit. A driving record card
811811 21 learner's permit may be used only as the basis to acquire a driving
812812 22 record card under IC 9-24-3.5. A driving record card learner's
813813 23 permit must include a statement on the face of the card that
814814 24 indicates that the driving record card learner's permit may not be
815815 25 accepted by any federal agency for federal identification or any
816816 26 other federal purpose. A driving record card learner's permit
817817 27 allows the holder to operate a passenger motor vehicle or a truck
818818 28 with a declared gross weight equal to or less than eleven thousand
819819 29 (11,000) pounds. An individual who holds a driving record card
820820 30 learner's permit and operates a motor vehicle shall verify that
821821 31 financial responsibility on any motor vehicle that the holder
822822 32 operates is continuously maintained in the amounts required by
823823 33 IC 9-25-4.
824824 34 (b) (c) The fee for a learner's permit issued before January 1, 2017,
825825 35 is nine dollars and fifty cents ($9.50). The fee shall be distributed as
826826 36 follows:
827827 37 (1) Fifty cents ($0.50) to the motor vehicle highway account.
828828 38 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
829829 39 (3) Two dollars ($2) to the crossroads 2000 fund.
830830 40 (4) One dollar and seventy-five cents ($1.75) to the integrated
831831 41 public safety communications fund.
832832 42 (5) Four dollars and seventy-five cents ($4.75) to the commission
833833 2022 IN 1195—LS 6333/DI 139 20
834834 1 fund.
835835 2 (c) (d) The fee for a learner's permit issued after December 31,
836836 3 2016, or a driving record card learner's permit issued after June
837837 4 30, 2022, is nine dollars ($9). The fee shall be distributed as follows:
838838 5 (1) Twenty-five cents ($0.25) to the motor vehicle highway
839839 6 account.
840840 7 (2) Fifty cents ($0.50) to the state motor vehicle technology fund.
841841 8 (3) Two dollars ($2) to the crossroads 2000 fund.
842842 9 (4) One dollar and twenty-five cents ($1.25) to the integrated
843843 10 public safety communications fund.
844844 11 (5) Five dollars ($5) to the commission fund.
845845 12 (d) (e) A fee described in subsection (a) may not be charged to an
846846 13 individual who:
847847 14 (1) is under the care and supervision of the department of child
848848 15 services; or
849849 16 (2) represents, pursuant to IC 31-36-3-4(b), a homeless youth (as
850850 17 defined in IC 31-36-3-4) and presents a fee and consent waiver
851851 18 affidavit described in IC 31-36-3-4(c);
852852 19 and meets all other requirements for a learner's permit or driving
853853 20 record card learner's permit under IC 9-24.
854854 21 (f) In addition to applicable fees collected under this section for
855855 22 a driving record card learner's permit, the bureau shall collect a
856856 23 supplemental fee of fifty dollars ($50) for an individual to obtain a
857857 24 driving record card learner's permit.
858858 25 SECTION 24. IC 9-24-7-4, AS AMENDED BY P.L.111-2021,
859859 26 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
860860 27 JULY 1, 2022]: Sec. 4. (a) Except as provided in section 1(b) of this
861861 28 chapter, a learner's permit authorizes the holder to operate a motor
862862 29 vehicle, except a motorcycle or a commercial motor vehicle, upon a
863863 30 highway under the following conditions:
864864 31 (1) While the holder is participating in practice driving in an
865865 32 approved driver education course and is accompanied in the front
866866 33 seat of the motor vehicle by an individual with valid driving
867867 34 privileges who:
868868 35 (A) is licensed as a driver education instructor under
869869 36 IC 9-27-6-8 and is working under the direction of a driver
870870 37 training school described in IC 9-27-6-3(a)(2); or
871871 38 (B) is a certified driver rehabilitation specialist recognized by
872872 39 the bureau who is employed through a driver rehabilitation
873873 40 program.
874874 41 (2) While the holder is participating in practice driving after
875875 42 having commenced an approved driver education course and is
876876 2022 IN 1195—LS 6333/DI 139 21
877877 1 accompanied in the front seat of the motor vehicle by an
878878 2 individual with valid driving privileges who is at least:
879879 3 (A) twenty-five (25) years of age and related to the applicant
880880 4 by blood, marriage, or legal status; or
881881 5 (B) if the licensed individual is the holder's spouse, twenty-one
882882 6 (21) years of age.
883883 7 (3) If the holder is not participating in an approved driver
884884 8 education course, and is less than eighteen (18) years of age, the
885885 9 holder may participate in practice driving if accompanied in the
886886 10 front seat of the motor vehicle by an individual who is:
887887 11 (A) a licensed driver, with valid driving privileges, who is:
888888 12 (i) at least twenty-five (25) years of age; and
889889 13 (ii) related to the applicant by blood, marriage, or legal
890890 14 status;
891891 15 (B) the spouse of the applicant who is:
892892 16 (i) a licensed driver with valid driving privileges; and
893893 17 (ii) at least twenty-one (21) years of age; or
894894 18 (C) an individual with valid driving privileges who:
895895 19 (i) is licensed as a driver education instructor under
896896 20 IC 9-27-6-8 and is working under the direction of a driver
897897 21 training school described in IC 9-27-6-3(a)(2); or
898898 22 (ii) is a certified driver rehabilitation specialist recognized
899899 23 by the bureau who is employed through a driver
900900 24 rehabilitation program.
901901 25 (4) If the holder is not participating in an approved driver
902902 26 education course, and is at least eighteen (18) years of age, the
903903 27 holder may participate in practice driving if accompanied in the
904904 28 front seat of the motor vehicle by an individual who is:
905905 29 (A) a licensed driver, with valid driving privileges, who is at
906906 30 least twenty-five (25) years of age; or
907907 31 (B) the spouse of the applicant who is:
908908 32 (i) a licensed driver with valid driving privileges; and
909909 33 (ii) at least twenty-one (21) years of age.
910910 34 (5) If the holder is less than eighteen (18) years of age and is
911911 35 under the care and supervision of the department of child
912912 36 services, the holder may participate in practice driving if
913913 37 accompanied in the front seat of the motor vehicle by an
914914 38 individual who is:
915915 39 (A) a licensed driver with valid driving privileges who is:
916916 40 (i) at least twenty-five (25) years of age; and
917917 41 (ii) related to the applicant by blood, marriage, or legal
918918 42 status;
919919 2022 IN 1195—LS 6333/DI 139 22
920920 1 (B) a licensed driver with valid driving privileges who is:
921921 2 (i) at least twenty-five (25) years of age; and
922922 3 (ii) approved by the department of child services; or
923923 4 (C) an individual with valid driving privileges who is:
924924 5 (i) licensed as a driver education instructor under
925925 6 IC 9-27-6-8 and is working under the direction of a driver
926926 7 training school described in IC 9-27-6-3(a)(2); or
927927 8 (ii) a certified driver rehabilitation specialist recognized by
928928 9 the bureau who is employed through a driver rehabilitation
929929 10 program.
930930 11 (b) A holder of a learner's permit or driving record card learner's
931931 12 permit may operate a motor driven cycle.
932932 13 SECTION 25. IC 9-24-7-5, AS AMENDED BY P.L.111-2021,
933933 14 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
934934 15 JULY 1, 2022]: Sec. 5. (a) A holder of a learner's permit may take the
935935 16 skills examination for a driver's license not later than the expiration
936936 17 date of the learner's permit.
937937 18 (b) A holder of a driving record card learner's permit may take
938938 19 the skills examination for a driving record card not later than the
939939 20 expiration date of the driving record card learner's permit.
940940 21 (c) A holder who does not pass the skills examination for:
941941 22 (1) a driver's license; or
942942 23 (2) a driving record card;
943943 24 after a third attempt is not eligible to take the examination until two (2)
944944 25 months after the date of the last failed examination.
945945 26 SECTION 26. IC 9-24-7-7, AS AMENDED BY P.L.85-2013,
946946 27 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
947947 28 JULY 1, 2022]: Sec. 7. The bureau shall publish the following:
948948 29 (1) An online driving guide that may be used by the holder of a
949949 30 learner's permit or a driving record card learner's permit and
950950 31 the parent of the holder of a learner's permit or a driving record
951951 32 card learner's permit, if applicable.
952952 33 (2) An online log that must be completed to show evidence of the
953953 34 completion of the hours of supervised practice driving required
954954 35 under IC 9-24-3-2.5(a)(1)(E), or IC 9-24-3-2.5(a)(2)(D),
955955 36 IC 9-24-3.5-3(a)(1)(E), or IC 9-24-3.5-3(a)(2)(D), as
956956 37 applicable.
957957 38 SECTION 27. IC 9-24-9-2, AS AMENDED BY P.L.178-2019,
958958 39 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
959959 40 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b), each
960960 41 application for a driver's license or permit under this chapter must
961961 42 require the following information:
962962 2022 IN 1195—LS 6333/DI 139 23
963963 1 (1) The full legal name of the applicant.
964964 2 (2) The applicant's date of birth.
965965 3 (3) The gender of the applicant.
966966 4 (4) The applicant's height, weight, hair color, and eye color.
967967 5 (5) The address of the applicant.
968968 6 (6) A:
969969 7 (A) valid Social Security number; or
970970 8 (B) verification of an applicant's:
971971 9 (i) ineligibility to be issued a Social Security number; and
972972 10 (ii) identity and lawful status;
973973 11 unless the applicant is applying for a driving record card
974974 12 under IC 9-24-3.5 or a driving record card learner's permit
975975 13 under IC 9-24-7-1(b). An applicant for a driving record card
976976 14 or driving record card learner's permit must submit a valid
977977 15 individual taxpayer identification number for the applicant.
978978 16 (7) Whether the applicant has been subject to fainting spells or
979979 17 seizures.
980980 18 (8) Whether the applicant has been issued a driver's license or has
981981 19 been the holder of a permit, and if so, when and by what
982982 20 jurisdiction.
983983 21 (9) Whether the applicant's driver's license or permit has ever
984984 22 been suspended or revoked, and if so, the date of and the reason
985985 23 for the suspension or revocation.
986986 24 (10) Whether the applicant has been convicted of:
987987 25 (A) a crime punishable as a felony under Indiana motor
988988 26 vehicle law; or
989989 27 (B) any other felony in the commission of which a motor
990990 28 vehicle was used;
991991 29 that has not been expunged by a court.
992992 30 (11) Whether the applicant has a physical or mental disability,
993993 31 and if so, the nature of the disability.
994994 32 (12) The signature of the applicant showing the applicant's legal
995995 33 name as it appears or will appear on the driver's license or permit.
996996 34 (13) A digital photograph of the applicant.
997997 35 (14) Any other information the bureau requires.
998998 36 (b) For purposes of subsection (a), an individual certified as a
999999 37 program participant in the address confidentiality program under
10001000 38 IC 5-26.5 is not required to provide the individual's address, but may
10011001 39 provide an address designated by the office of the attorney general
10021002 40 under IC 5-26.5 as the individual's address.
10031003 41 (c) In addition to the information required by subsection (a), an
10041004 42 applicant who is required to complete at least fifty (50) hours of
10051005 2022 IN 1195—LS 6333/DI 139 24
10061006 1 supervised practice driving under IC 9-24-3-2.5(a)(1)(E), or
10071007 2 IC 9-24-3-2.5(a)(2)(D), IC 9-24-3.5-3(a)(1)(E), or
10081008 3 IC 9-24-3.5-3(a)(2)(D) must submit to the bureau evidence of the time
10091009 4 logged in practice driving.
10101010 5 SECTION 28. IC 9-24-9-2.5, AS AMENDED BY P.L.198-2016,
10111011 6 SECTION 465, IS AMENDED TO READ AS FOLLOWS
10121012 7 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. (a) Except as provided in
10131013 8 subsection (b), in addition to the information required from the
10141014 9 applicant for a driver's license or permit under sections 1 and 2 of this
10151015 10 chapter, the bureau shall require an applicant to present to the bureau
10161016 11 valid documentary evidence that the applicant:
10171017 12 (1) is a citizen or national of the United States;
10181018 13 (2) is an alien lawfully admitted for permanent residence in the
10191019 14 United States;
10201020 15 (3) has conditional permanent resident status in the United States;
10211021 16 (4) has an approved application for asylum in the United States or
10221022 17 has entered into the United States in refugee status;
10231023 18 (5) is an alien lawfully admitted for temporary residence in the
10241024 19 United States;
10251025 20 (6) has a valid unexpired nonimmigrant visa or nonimmigrant visa
10261026 21 status for entry into the United States;
10271027 22 (7) has a pending application for asylum in the United States;
10281028 23 (8) has a pending or approved application for temporary protected
10291029 24 status in the United States;
10301030 25 (9) has approved deferred action status; or
10311031 26 (10) has a pending application for adjustment of status to that of
10321032 27 an alien lawfully admitted for permanent residence in the United
10331033 28 States or conditional permanent resident status in the United
10341034 29 States.
10351035 30 (b) An applicant for a driving record card under IC 9-24-3.5 or
10361036 31 a driving record card learner's permit under IC 9-24-7-1(b) who
10371037 32 is unable to provide the documentation required under subsection
10381038 33 (a) must provide the bureau with:
10391039 34 (1) documentation of residence in Indiana as required by rules
10401040 35 adopted by the bureau under IC 4-22-2 or emergency rules
10411041 36 adopted in the manner provided under IC 4-22-2-37.1; and
10421042 37 (2) documentation of identity, including:
10431043 38 (A) a certified copy of the individual's birth certificate;
10441044 39 (B) a foreign passport; or
10451045 40 (C) other documentation considered acceptable under the
10461046 41 rules established by the bureau.
10471047 42 The bureau shall establish rules for the types of acceptable
10481048 2022 IN 1195—LS 6333/DI 139 25
10491049 1 documentation permitted under this subsection.
10501050 2 SECTION 29. IC 9-24-10-4, AS AMENDED BY P.L.111-2021,
10511051 3 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10521052 4 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (c), an
10531053 5 examination for a learner's permit, or driver's license, driving record
10541054 6 card learner's permit, or driving record card must include the
10551055 7 following:
10561056 8 (1) A test of the following of the applicant:
10571057 9 (A) Eyesight.
10581058 10 (B) Ability to read and understand highway signs regulating,
10591059 11 warning, and directing traffic.
10601060 12 (C) Knowledge of Indiana traffic laws, including IC 9-26-1-1.5
10611061 13 and IC 9-21-12-1.
10621062 14 (2) An actual demonstration of the applicant's skill in exercising
10631063 15 ordinary and reasonable control in the operation of a motor
10641064 16 vehicle under the type of permit or driver's license applied for.
10651065 17 (b) The examination may include further physical and mental
10661066 18 examination that the bureau finds necessary to determine the
10671067 19 applicant's fitness to operate a motor vehicle safely upon a highway.
10681068 20 The applicant must provide the motor vehicle used in the examination.
10691069 21 An autocycle may not be used as the motor vehicle provided for the
10701070 22 examination.
10711071 23 (c) The bureau may waive:
10721072 24 (1) the testing required under subsection (a)(1)(A) if the applicant
10731073 25 provides evidence from a licensed ophthalmologist or licensed
10741074 26 optometrist that the applicant's vision is fit to operate a motor
10751075 27 vehicle in a manner that does not jeopardize the safety of
10761076 28 individuals or property;
10771077 29 (2) the actual demonstration required under subsection (a)(2) for
10781078 30 an individual who has passed:
10791079 31 (A) a driver's education class and a skills test given by a driver
10801080 32 training school;
10811081 33 (B) a driver education program given by an entity licensed
10821082 34 under IC 9-27; or
10831083 35 (C) a skills assessment conducted by a third party approved by
10841084 36 the bureau;
10851085 37 (3) the testing, other than eyesight testing under subsection
10861086 38 (a)(1)(A), of an applicant who has passed:
10871087 39 (A) an examination concerning:
10881088 40 (i) subsection (a)(1)(B); and
10891089 41 (ii) subsection (a)(1)(C); and
10901090 42 (B) a skills test;
10911091 2022 IN 1195—LS 6333/DI 139 26
10921092 1 given by a driver training school or an entity licensed under
10931093 2 IC 9-27; and
10941094 3 (4) the testing, other than the eyesight testing described in
10951095 4 subsection (a)(1)(A), of an applicant who:
10961096 5 (A) is at least eighteen (18) years of age;
10971097 6 (B) was previously a nonresident but now qualifies as an
10981098 7 Indiana resident at the time of application; and
10991099 8 (C) holds a valid driver's license, excluding a learner's permit
11001100 9 or its equivalent, from the applicant's state of prior residence.
11011101 10 (d) The following are not civilly or criminally liable for a report
11021102 11 made in good faith to the bureau, commission, or driver licensing
11031103 12 medical advisory board concerning the fitness of the applicant to
11041104 13 operate a motor vehicle in a manner that does not jeopardize the safety
11051105 14 of individuals or property:
11061106 15 (1) An instructor having a license under IC 9-27-6-8.
11071107 16 (2) A licensed ophthalmologist or licensed optometrist.
11081108 17 SECTION 30. IC 9-24-10-7, AS AMENDED BY P.L.111-2021,
11091109 18 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11101110 19 JULY 1, 2022]: Sec. 7. (a) If the bureau has good cause to believe that
11111111 20 a licensed driver is:
11121112 21 (1) incompetent; or
11131113 22 (2) otherwise unfit to operate a motor vehicle;
11141114 23 the bureau may, upon written notice of at least five (5) days, require the
11151115 24 licensed driver to submit to an examination, an investigation of the
11161116 25 driver's continued fitness to operate a motor vehicle safely, including
11171117 26 requesting medical information from the driver or the driver's health
11181118 27 care sources, or both an examination and an investigation.
11191119 28 (b) Upon the conclusion of all examinations and investigations of a
11201120 29 driver under this section, the bureau:
11211121 30 (1) shall take appropriate action; and
11221122 31 (2) may:
11231123 32 (A) suspend or revoke the driver's license, driving record
11241124 33 card, or driving privileges of the licensed driver;
11251125 34 (B) permit the licensed driver to retain the driver's license,
11261126 35 driving record card, or driving privileges of the licensed
11271127 36 driver; or
11281128 37 (C) issue restricted driving privileges subject to restrictions the
11291129 38 bureau considers necessary in the interest of public safety.
11301130 39 (c) If a licensed driver refuses or neglects to submit to an
11311131 40 examination or investigation under this section, the bureau may
11321132 41 suspend or revoke the driver's license, driving record card, or driving
11331133 42 privileges of the licensed driver. The bureau may not suspend or revoke
11341134 2022 IN 1195—LS 6333/DI 139 27
11351135 1 the driver's license, driving record card, or driving privileges of the
11361136 2 licensed driver until a reasonable investigation of the driver's continued
11371137 3 fitness to operate a motor vehicle safely has been made by the bureau.
11381138 4 SECTION 31. IC 9-24-11-3.5, AS AMENDED BY P.L.147-2018,
11391139 5 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11401140 6 JULY 1, 2022]: Sec. 3.5. (a) This section applies:
11411141 7 (1) to an individual who is less than twenty-one (21) years of age;
11421142 8 and
11431143 9 (2) during the one hundred eighty (180) day period after the
11441144 10 individual is issued a driver's license or driving record card
11451145 11 under this article.
11461146 12 (b) An individual may not operate a motor vehicle:
11471147 13 (1) from 10 p.m. until 5 a.m. of the following morning, unless the
11481148 14 individual is:
11491149 15 (A) participating in, going to, or returning from:
11501150 16 (i) lawful employment;
11511151 17 (ii) a school sanctioned activity; or
11521152 18 (iii) a religious event; or
11531153 19 (B) accompanied in the front seat of the motor vehicle by a
11541154 20 licensed driver with valid driving privileges who is:
11551155 21 (i) at least twenty-five (25) years of age; or
11561156 22 (ii) if the licensed driver is the individual's spouse, at least
11571157 23 twenty-one (21) years of age; or
11581158 24 (2) in which there are passengers, unless:
11591159 25 (A) each passenger in the motor vehicle is:
11601160 26 (i) a child or stepchild of the individual;
11611161 27 (ii) a sibling of the individual, including step or half
11621162 28 siblings;
11631163 29 (iii) the spouse of the individual;
11641164 30 (iv) a parent or legal guardian of the individual;
11651165 31 (v) a grandparent of the individual; or
11661166 32 (vi) any combination of individuals described in items (i)
11671167 33 through (v); or
11681168 34 (B) the individual is accompanied in the front seat of the motor
11691169 35 vehicle by a licensed driver with valid driving privileges who
11701170 36 is:
11711171 37 (i) at least twenty-five (25) years of age; or
11721172 38 (ii) if the licensed driver is the individual's spouse, at least
11731173 39 twenty-one (21) years of age.
11741174 40 SECTION 32. IC 9-24-11-4, AS AMENDED BY P.L.120-2020,
11751175 41 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11761176 42 JULY 1, 2022]: Sec. 4. (a) This section does not apply to the
11771177 2022 IN 1195—LS 6333/DI 139 28
11781178 1 possession of a driving record card or a driving record card
11791179 2 learner's permit.
11801180 3 (a) (b) Except as provided in subsection subsections (a) and (d),
11811181 4 (e), an individual may not hold or possess more than one (1) credential
11821182 5 at a time.
11831183 6 (b) (c) An individual may not hold or possess:
11841184 7 (1) a credential; and
11851185 8 (2) a driver's license or identification card issued by a government
11861186 9 authority that issues driver's licenses and identification cards from
11871187 10 another state, territory, federal district, commonwealth, or
11881188 11 possession of the United States.
11891189 12 (c) (d) An individual shall destroy or surrender to the bureau any
11901190 13 and all credentials, driver's licenses, or identification cards that would
11911191 14 cause the individual to violate subsection (a) or (b). (b) or (c).
11921192 15 (d) (e) An individual may hold both a credential in physical form
11931193 16 and in the form of a mobile credential issued under this article at the
11941194 17 same time.
11951195 18 (e) (f) An individual who violates this section commits a Class C
11961196 19 infraction.
11971197 20 (f) Notwithstanding the July 1, 2021, effective date in HEA
11981198 21 1506-2019, SECTION 48 (P.L.178-2019), this section takes effect July
11991199 22 1, 2020 (rather than July 1, 2021).
12001200 23 SECTION 33. IC 9-24-11-5, AS AMENDED BY P.L.120-2020,
12011201 24 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12021202 25 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (d), a
12031203 26 learner's permit, or driver's license, driving record card learner's
12041204 27 permit, or driving record card issued under this article must contain
12051205 28 the following information:
12061206 29 (1) The full legal name of the permittee or licensee.
12071207 30 (2) The date of birth of the permittee or licensee.
12081208 31 (3) The address of the principal residence of the permittee or
12091209 32 licensee.
12101210 33 (4) The hair color and eye color of the permittee or licensee.
12111211 34 (5) The date of issue and expiration date of the permit or license.
12121212 35 (6) The gender of the permittee or licensee.
12131213 36 (7) The unique identifying number of the permit or license.
12141214 37 (8) The weight of the permittee or licensee.
12151215 38 (9) The height of the permittee or licensee.
12161216 39 (10) A reproduction of the signature of the permittee or licensee.
12171217 40 (11) If the permittee or licensee is less than eighteen (18) years of
12181218 41 age at the time of issuance, the dates, notated prominently, on
12191219 42 which the permittee or licensee will become:
12201220 2022 IN 1195—LS 6333/DI 139 29
12211221 1 (A) eighteen (18) years of age; and
12221222 2 (B) twenty-one (21) years of age.
12231223 3 (12) If the permittee or licensee is at least eighteen (18) years of
12241224 4 age but less than twenty-one (21) years of age at the time of
12251225 5 issuance, the date, notated prominently, on which the permittee or
12261226 6 licensee will become twenty-one (21) years of age.
12271227 7 (13) Except as provided in subsection (b), a digital photograph of
12281228 8 the permittee or licensee.
12291229 9 (b) The bureau may provide for the omission of a photograph or
12301230 10 computerized image from any driver's license, or learner's permit,
12311231 11 driving record card, or driving record card learner's permit if
12321232 12 there is good cause for the omission. However, a driver's license, or
12331233 13 learner's permit, driving record card, or driving record card
12341234 14 learner's permit issued without a digital photograph must include a
12351235 15 statement that indicates that the driver's license, or learner's permit,
12361236 16 driving record card, or driving record card learner's permit may
12371237 17 not be accepted by a federal agency for federal identification or any
12381238 18 other federal purpose.
12391239 19 (c) A driver's license or learner's permit issued to an individual who:
12401240 20 (1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
12411241 21 visa status for entry in the United States;
12421242 22 (2) has a pending application for asylum in the United States;
12431243 23 (3) has a pending or approved application for temporary protected
12441244 24 status in the United States;
12451245 25 (4) has approved deferred action status; or
12461246 26 (5) has a pending application for adjustment of status to that of an
12471247 27 alien lawfully admitted for permanent residence in the United
12481248 28 States or conditional permanent residence status in the United
12491249 29 States;
12501250 30 must be clearly identified as a temporary driver's license or learner's
12511251 31 permit. A temporary driver's license or learner's permit issued under
12521252 32 this subsection may not be renewed without the presentation of valid
12531253 33 documentary evidence proving that the licensee's or permittee's
12541254 34 temporary status has been extended.
12551255 35 (d) For purposes of subsection (a), an individual certified as a
12561256 36 program participant in the address confidentiality program under
12571257 37 IC 5-26.5 is not required to provide the address of the individual's
12581258 38 principal residence, but may provide an address designated by the
12591259 39 office of the attorney general under IC 5-26.5 as the address of the
12601260 40 individual's principal residence.
12611261 41 (e) Notwithstanding the July 1, 2021, effective date in HEA
12621262 42 1506-2019, SECTION 49 (P.L.178-2019), this section takes effect July
12631263 2022 IN 1195—LS 6333/DI 139 30
12641264 1 1, 2020 (rather than July 1, 2021).
12651265 2 SECTION 34. IC 9-24-11-5.5, AS AMENDED BY P.L.120-2020,
12661266 3 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12671267 4 JULY 1, 2022]: Sec. 5.5. (a) If an individual has:
12681268 5 (1) indicated on the application for a driver's license or learner's
12691269 6 permit that the individual is a veteran and wishes to have an
12701270 7 indication of the individual's veteran status appear on the driver's
12711271 8 license or learner's permit; and
12721272 9 (2) provided proof at the time of application of the individual's
12731273 10 veteran status;
12741274 11 an indication of the individual's veteran status shall be shown on the
12751275 12 driver's license or learner's permit.
12761276 13 (b) If an individual has:
12771277 14 (1) indicated on the individual's application for a driver's license
12781278 15 or learner's permit that the applicant:
12791279 16 (A) is a surviving spouse of a veteran; and
12801280 17 (B) wishes to have an indication of the applicant's status as a
12811281 18 surviving spouse of a veteran appear on the driver's license or
12821282 19 learner's permit; and
12831283 20 (2) provided the documentation necessary to verify that the
12841284 21 applicant was married, at the time of the decedent's death, to a
12851285 22 veteran;
12861286 23 an indication of the individual's status as a surviving spouse of a
12871287 24 veteran shall be shown on the driver's license or learner's permit.
12881288 25 (c) If an individual submits information concerning the individual's
12891289 26 medical condition in conjunction with the individual's application for
12901290 27 a driver's license, or learner's permit, driving record card, or driving
12911291 28 record card learner's permit, the bureau shall place an identifying
12921292 29 symbol in a prominent location on a driver's license, or learner's permit,
12931293 30 driving record card, or driving record card learner's permit to
12941294 31 indicate that the individual has a medical condition of note. The bureau
12951295 32 shall include information on the individual's driver's license, or
12961296 33 learner's permit, driving record card, or driving record card
12971297 34 learner's permit that briefly describes the individual's medical
12981298 35 condition. The information must be notated in a manner that alerts an
12991299 36 individual reading the driver's license, or learner's permit, driving
13001300 37 record card, or driving record card learner's permit to the
13011301 38 existence of the medical condition. The individual submitting the
13021302 39 information concerning the medical condition is responsible for its
13031303 40 accuracy.
13041304 41 (d) Notwithstanding the July 1, 2021, effective date in HEA
13051305 42 1506-2019, SECTION 50 (P.L.178-2019), this section takes effect July
13061306 2022 IN 1195—LS 6333/DI 139 31
13071307 1 1, 2020 (rather than July 1, 2021).
13081308 2 SECTION 35. IC 9-24-11-7, AS AMENDED BY P.L.198-2016,
13091309 3 SECTION 486, IS AMENDED TO READ AS FOLLOWS
13101310 4 [EFFECTIVE JULY 1, 2022]: Sec. 7. The bureau, when issuing a
13111311 5 permit or driver's license, may, whenever good cause appears, impose
13121312 6 restrictions suitable to the licensee's or permittee's driving ability with
13131313 7 respect to the type of or special mechanical control devices required on
13141314 8 a motor vehicle that the licensee operates. The bureau may impose
13151315 9 other restrictions applicable to the licensee or permittee that the bureau
13161316 10 determines are appropriate to assure the safe operation of a motor
13171317 11 vehicle by the licensee or permittee, including a requirement to take
13181318 12 prescribed medication. When the restrictions are imposed, the bureau
13191319 13 may:
13201320 14 (1) issue either a special restricted license or a special restricted
13211321 15 permit; or shall
13221322 16 (2) set forth the restrictions upon the usual license or permit
13231323 17 form.
13241324 18 SECTION 36. IC 9-24-12-0.5, AS AMENDED BY P.L.198-2016,
13251325 19 SECTION 489, IS AMENDED TO READ AS FOLLOWS
13261326 20 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A learner's permit expires
13271327 21 two (2) years after the date of issuance.
13281328 22 (b) A driving record card learner's permit expires one (1) year
13291329 23 after the date of issuance.
13301330 24 (b) (c) A motorcycle permit expires one (1) year after the date of
13311331 25 issuance. A motorcycle permit may be renewed one (1) time for a
13321332 26 period of one (1) year. An individual who does not obtain a motorcycle
13331333 27 endorsement under IC 9-24-8.5 before the expiration of the renewed
13341334 28 motorcycle permit may not reapply for a new motorcycle permit for a
13351335 29 period of one (1) year after the date of expiration of the renewed
13361336 30 motorcycle permit.
13371337 31 (c) (d) A commercial learner's permit expires one hundred eighty
13381338 32 (180) days after the date of issuance. The bureau may issue not more
13391339 33 than three (3) commercial learner's permits to an individual within a
13401340 34 twenty-four (24) month period.
13411341 35 (d) (e) The fee to renew a permit that expires under this section is
13421342 36 the applicable fee to issue the permit under this article.
13431343 37 SECTION 37. IC 9-24-12-1, AS AMENDED BY P.L.111-2021,
13441344 38 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13451345 39 JULY 1, 2022]: Sec. 1. (a) Except as provided in sections 10 and 11 of
13461346 40 this chapter, a driver's license issued to an applicant who is at least
13471347 41 seventy-five (75) years of age expires at midnight of the birthday of the
13481348 42 holder that occurs three (3) years following the date of issuance.
13491349 2022 IN 1195—LS 6333/DI 139 32
13501350 1 (b) Except as provided in subsections (a) and (c) and sections 10
13511351 2 and 11 of this chapter, a driver's license issued under this article
13521352 3 expires at midnight of the birthday of the holder that occurs six (6)
13531353 4 years following the date of issuance.
13541354 5 (c) A driver's license issued to an individual who is less than
13551355 6 twenty-one (21) years of age expires at midnight of the date thirty (30)
13561356 7 days after the twenty-first birthday of the holder. However, if the
13571357 8 individual complies with IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through
13581358 9 IC 9-24-9-2.5(9), IC 9-24-9-2.5(a)(9), the driver's license expires:
13591359 10 (1) at midnight one (1) year after issuance if there is no expiration
13601360 11 date on the authorization granted to the individual to remain in the
13611361 12 United States; or
13621362 13 (2) if there is an expiration date on the authorization granted to
13631363 14 the individual to remain in the United States, the earlier of the
13641364 15 following:
13651365 16 (A) At midnight of the date the authorization to remain in the
13661366 17 United States expires.
13671367 18 (B) At midnight of the date thirty (30) days after the
13681368 19 twenty-first birthday of the holder.
13691369 20 SECTION 38. IC 9-24-12-2.5 IS ADDED TO THE INDIANA
13701370 21 CODE AS A NEW SECTION TO READ AS FOLLOWS
13711371 22 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. Except as provided in section
13721372 23 11 of this chapter, a driving record card issued to an applicant
13731373 24 expires at midnight of the birthday of the holder that occurs one (1)
13741374 25 year following the date of issuance.
13751375 26 SECTION 39. IC 9-24-12-4, AS AMENDED BY P.L.111-2021,
13761376 27 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13771377 28 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsections (c), and
13781378 29 (d), and (e), the application for renewal of:
13791379 30 (1) a driver's license;
13801380 31 (2) a chauffeur's license (before the expiration of IC 9-24-4 on
13811381 32 July 1, 2024);
13821382 33 (3) a public passenger chauffeur's license (before the expiration
13831383 34 of IC 9-24-5 on July 1, 2022);
13841384 35 (4) an identification card; or
13851385 36 (5) a photo exempt identification card; or
13861386 37 (6) a driving record card;
13871387 38 under this article may be filed not more than twenty-four (24) months
13881388 39 before the expiration date of the license, identification card, or photo
13891389 40 exempt identification card held by the applicant.
13901390 41 (b) Except as provided in subsections (c) and (d), an application for
13911391 42 the renewal of a learner's permit issued under this article may be filed
13921392 2022 IN 1195—LS 6333/DI 139 33
13931393 1 not more than thirty (30) days before the expiration of the learner's
13941394 2 permit.
13951395 3 (c) When the applicant complies with IC 9-24-9-2.5(5)
13961396 4 IC 9-24-9-2.5(a)(5) through IC 9-24-9-2.5(10), IC 9-24-9-2.5(a)(10),
13971397 5 an application for renewal of a driver's license in subsection (a)(1),
13981398 6 (a)(2), or (a)(3) may be filed not more than one (1) month before the
13991399 7 expiration date of the license held by the applicant.
14001400 8 (d) When the applicant complies with IC 9-24-16-3.5(1)(E) through
14011401 9 IC 9-24-16-3.5(1)(J), an application for renewal of an identification
14021402 10 card under subsection (a)(4) may be filed not more than one (1) month
14031403 11 before the expiration date of the identification card held by the
14041404 12 applicant.
14051405 13 (e) When the applicant complies with IC 9-24-9-2.5(b), an
14061406 14 application for renewal of a driving record card under subsection
14071407 15 (a)(6) may be filed not more than one (1) month before the
14081408 16 expiration date of the driving record card held by the applicant.
14091409 17 SECTION 40. IC 9-24-12-5, AS AMENDED BY P.L.111-2021,
14101410 18 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14111411 19 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsection (b), and
14121412 20 subject to subsection (d), an individual applying for renewal of a
14131413 21 driver's license (issued under IC 9-24-3), or a chauffeur's license, or a
14141414 22 public passenger chauffeur's license, or a driving record card,
14151415 23 including any endorsements in effect with respect to the license or
14161416 24 driving record card, must apply in person at a license branch and do
14171417 25 the following:
14181418 26 (1) Pass an eyesight examination.
14191419 27 (2) Pass a written examination if:
14201420 28 (A) the applicant has at least six (6) active points on the
14211421 29 applicant's driving record maintained by the bureau;
14221422 30 (B) the applicant has not reached the applicant's twenty-first
14231423 31 birthday and has active points on the applicant's driving record
14241424 32 maintained by the bureau; or
14251425 33 (C) the applicant is in possession of a driver's license or
14261426 34 driving record card that is expired beyond one hundred
14271427 35 eighty (180) days.
14281428 36 (b) The holder of a driver's license (issued under IC 9-24-3), a
14291429 37 chauffeur's or a public passenger chauffeur's license, or a learner's
14301430 38 permit issued under IC 9-24-7 may renew the license, including any
14311431 39 endorsements in effect with respect to the license, by mail or by
14321432 40 electronic service, subject to the following conditions:
14331433 41 (1) A valid computerized image of the individual must exist
14341434 42 within the records of the bureau.
14351435 2022 IN 1195—LS 6333/DI 139 34
14361436 1 (2) The previous renewal of the individual's driver's license
14371437 2 (issued under IC 9-24-3), chauffeur's or public passenger
14381438 3 chauffeur's license, or a learner's permit issued under IC 9-24-7
14391439 4 must not have been by mail or by electronic service.
14401440 5 (3) The application for or previous renewal of the individual's
14411441 6 license or permit must have included a test of the individual's
14421442 7 eyesight approved by the bureau.
14431443 8 (4) If the individual were applying for the license or permit
14441444 9 renewal in person at a license branch, the individual would not be
14451445 10 required under subsection (a)(2) to submit to a written
14461446 11 examination.
14471447 12 (5) The individual must be a citizen of the United States, as
14481448 13 shown in the records of the bureau.
14491449 14 (6) There must not have been any change in the:
14501450 15 (A) address; or
14511451 16 (B) name;
14521452 17 of the individual since the issuance or previous renewal of the
14531453 18 individual's driver's license (issued under IC 9-24-3), chauffeur's
14541454 19 or public passenger chauffeur's license, or a learner's permit
14551455 20 issued under IC 9-24-7.
14561456 21 (7) The driver's license (issued under IC 9-24-3), chauffeur's or
14571457 22 public passenger chauffeur's license, or a learner's permit issued
14581458 23 under IC 9-24-7 of the individual must not be:
14591459 24 (A) suspended; or
14601460 25 (B) expired more than one hundred eighty (180) days;
14611461 26 at the time of the application for renewal.
14621462 27 (8) If the individual is seventy-five (75) years of age or older at
14631463 28 the time of the application for renewal, the individual must
14641464 29 provide proof, on a form approved by the bureau, that the
14651465 30 individual has passed an eyesight examination within thirty (30)
14661466 31 days prior to the renewal application.
14671467 32 (c) An individual applying for the renewal of a driver's license
14681468 33 (issued under IC 9-24-3), a chauffeur's license, or a public passenger
14691469 34 chauffeur's license, or a learner's permit issued under IC 9-24-7, a
14701470 35 driving record card, or a driving record card learner's permit,
14711471 36 including any endorsements in effect with respect to the license,
14721472 37 driving record card, or permit, must apply in person at a license
14731473 38 branch under subsection (a) if the individual is not entitled to apply by
14741474 39 mail or by electronic service under subsection (b).
14751475 40 (d) The bureau may not issue or renew a chauffeur's or a public
14761476 41 passenger chauffeur's license after December 31, 2016. If a holder of
14771477 42 a chauffeur's or a public passenger chauffeur's license applies after
14781478 2022 IN 1195—LS 6333/DI 139 35
14791479 1 December 31, 2016, for renewal of the chauffeur's or public passenger
14801480 2 chauffeur's license, the bureau shall issue to the holder a driver's
14811481 3 license under IC 9-24-3 with a for-hire endorsement if the holder:
14821482 4 (1) applies in a form and manner prescribed by the bureau; and
14831483 5 (2) satisfies the requirements for renewal of a driver's license
14841484 6 issued under IC 9-24-3, including the fee and examination
14851485 7 requirements under this section.
14861486 8 (e) An individual applying for the renewal of a driver's license
14871487 9 issued under IC 9-24-3 or driving record card issued under
14881488 10 IC 9-24-3.5 shall pay the following applicable fee:
14891489 11 (1) If the individual is less than seventy-five (75) years of age,
14901490 12 seventeen dollars and fifty cents ($17.50). The fee shall be
14911491 13 distributed as follows:
14921492 14 (A) Fifty cents ($0.50) to the state motor vehicle technology
14931493 15 fund.
14941494 16 (B) Two dollars ($2) to the crossroads 2000 fund.
14951495 17 (C) Four dollars and fifty cents ($4.50) to the motor vehicle
14961496 18 highway account.
14971497 19 (D) One dollar and twenty-five cents ($1.25) to the integrated
14981498 20 public safety communications fund.
14991499 21 (E) Nine dollars and twenty-five cents ($9.25) to the
15001500 22 commission fund.
15011501 23 (2) If the individual is at least seventy-five (75) years of age and
15021502 24 less than eighty-five (85) years of age, eleven dollars ($11). The
15031503 25 fee shall be distributed as follows:
15041504 26 (A) Fifty cents ($0.50) to the state motor vehicle technology
15051505 27 fund.
15061506 28 (B) One dollar and fifty cents ($1.50) to the crossroads 2000
15071507 29 fund.
15081508 30 (C) Three dollars ($3) to the motor vehicle highway account.
15091509 31 (D) One dollar and twenty-five cents ($1.25) to the integrated
15101510 32 public safety communications fund.
15111511 33 (E) Four dollars and seventy-five cents ($4.75) to the
15121512 34 commission fund.
15131513 35 (3) If the individual is at least eighty-five (85) years of age, seven
15141514 36 dollars ($7). The fee shall be distributed as follows:
15151515 37 (A) Fifty cents ($0.50) to the state motor vehicle technology
15161516 38 fund.
15171517 39 (B) One dollar ($1) to the crossroads 2000 fund.
15181518 40 (C) Two dollars ($2) to the motor vehicle highway account.
15191519 41 (D) One dollar and twenty-five cents ($1.25) to the integrated
15201520 42 public safety communications fund.
15211521 2022 IN 1195—LS 6333/DI 139 36
15221522 1 (E) Two dollars and twenty-five cents ($2.25) to the
15231523 2 commission fund.
15241524 3 A fee paid under this subsection after December 31, 2016, includes the
15251525 4 renewal of any endorsements that are in effect with respect to the
15261526 5 driver's license issued under IC 9-24-3 at the time of renewal.
15271527 6 SECTION 41. IC 9-24-12-11, AS AMENDED BY P.L.198-2016,
15281528 7 SECTION 497, IS AMENDED TO READ AS FOLLOWS
15291529 8 [EFFECTIVE JULY 1, 2022]: Sec. 11. (a) This section applies to:
15301530 9 (1) a driver's license other than a commercial driver's license; and
15311531 10 (2) a driving record card issued under IC 9-24-3.5.
15321532 11 (b) If the birthday of a holder on which the holder's driver's license
15331533 12 or driving record card would otherwise expire falls on:
15341534 13 (1) Sunday;
15351535 14 (2) a legal holiday (as set forth in IC 1-1-9-1); or
15361536 15 (3) a weekday when all license branches in the county of
15371537 16 residence of the holder are closed;
15381538 17 the driver's license or driving record card of the holder does not
15391539 18 expire until midnight of the first day after the birthday on which a
15401540 19 license branch is open for business in the county of residence of the
15411541 20 holder.
15421542 21 (c) A driver's license issued to an applicant who complies with
15431543 22 IC 9-24-9-2.5(5) IC 9-24-9-2.5(a)(5) through IC 9-24-9-2.5(10)
15441544 23 IC 9-24-9-2.5(a)(10) expires:
15451545 24 (1) at midnight one (1) year after issuance if there is no expiration
15461546 25 date on the authorization granted to the individual to remain in the
15471547 26 United States; or
15481548 27 (2) if there is an expiration date on the authorization granted to
15491549 28 the individual to remain in the United States, the earlier of the
15501550 29 following:
15511551 30 (A) At midnight of the date the authorization of the holder to
15521552 31 be a legal permanent resident or conditional resident alien of
15531553 32 the United States expires.
15541554 33 (B) At midnight of the birthday of the holder that occurs six
15551555 34 (6) years after the date of issuance.
15561556 35 SECTION 42. IC 9-24-12-13, AS ADDED BY P.L.198-2016,
15571557 36 SECTION 499, IS AMENDED TO READ AS FOLLOWS
15581558 37 [EFFECTIVE JULY 1, 2022]: Sec. 13. An individual who fails to
15591559 38 renew the individual's driver's license or driving record card on or
15601560 39 before the driver's license expiration date of the driver's license or
15611561 40 driving record card shall pay to the bureau an administrative penalty
15621562 41 as follows:
15631563 42 (1) Before January 1, 2017, an administrative penalty of five
15641564 2022 IN 1195—LS 6333/DI 139 37
15651565 1 dollars ($5).
15661566 2 (2) After December 31, 2016, an administrative penalty of six
15671567 3 dollars ($6).
15681568 4 An administrative penalty shall be deposited in the commission fund.
15691569 5 SECTION 43. IC 9-24-13-1, AS AMENDED BY P.L.198-2016,
15701570 6 SECTION 500, IS AMENDED TO READ AS FOLLOWS
15711571 7 [EFFECTIVE JULY 1, 2022]: Sec. 1. An individual holding a driver's
15721572 8 license or driving record card issued under this article may exercise
15731573 9 the privilege granted by the driver's license or driving record card
15741574 10 upon all highways and is not required to obtain any other driver's
15751575 11 license to exercise the privilege by a county, municipal, or local board
15761576 12 or by any body having authority to adopt local police regulations.
15771577 13 SECTION 44. IC 9-24-14-3.5, AS AMENDED BY P.L.111-2021,
15781578 14 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15791579 15 JULY 1, 2022]: Sec. 3.5. (a) An individual may apply for a
15801580 16 replacement driver's license or learner's permit by electronic service,
15811581 17 subject to the following conditions:
15821582 18 (1) A valid computerized image or digital photograph of the
15831583 19 individual must exist within the records of the bureau.
15841584 20 (2) The individual must be a citizen of the United States, as
15851585 21 shown in the records of the bureau.
15861586 22 (b) An individual applying for a replacement of a driver's license, or
15871587 23 a learner's permit, driving record card, or driving record card
15881588 24 learner's permit must apply in person at a license branch if the
15891589 25 individual is not entitled to apply by mail or by electronic service under
15901590 26 subsection (a).
15911591 27 SECTION 45. IC 9-24-18-1, AS AMENDED BY P.L.111-2021,
15921592 28 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15931593 29 JULY 1, 2022]: Sec. 1. (a) An individual, except an individual
15941594 30 exempted under IC 9-24-1-7, who knowingly or intentionally operates
15951595 31 a motor vehicle upon a highway and has never received a valid driver's
15961596 32 license or driving record card commits a Class C misdemeanor.
15971597 33 However, the offense is a Class A misdemeanor if the individual has a
15981598 34 prior unrelated conviction under this section.
15991599 35 (b) In a prosecution under this section, the burden is on the
16001600 36 defendant to prove by a preponderance of the evidence that the
16011601 37 defendant:
16021602 38 (1) had been issued a driver's license or permit that was valid; or
16031603 39 (2) was operating a motor driven cycle;
16041604 40 at the time of the alleged offense. However, it is not a defense under
16051605 41 subdivision (2) if the defendant was operating the motor driven cycle
16061606 42 in violation of IC 9-21-11-12.
16071607 2022 IN 1195—LS 6333/DI 139 38
16081608 1 SECTION 46. IC 9-24-18-6, AS AMENDED BY P.L.198-2016,
16091609 2 SECTION 530, IS AMENDED TO READ AS FOLLOWS
16101610 3 [EFFECTIVE JULY 1, 2022]: Sec. 6. In a proceeding to enforce
16111611 4 IC 9-24-1 requiring the operator of a motor vehicle to have a certain
16121612 5 type of driver's license or permit, the burden is on the defendant to
16131613 6 prove by a preponderance of the evidence that the defendant had been
16141614 7 issued the applicable driver's license or permit and that the driver's
16151615 8 license or permit was valid at the time of the alleged offense.
16161616 9 SECTION 47. IC 9-24-18-7.5, AS AMENDED BY P.L.198-2016,
16171617 10 SECTION 531, IS AMENDED TO READ AS FOLLOWS
16181618 11 [EFFECTIVE JULY 1, 2022]: Sec. 7.5. (a) A person that knowingly or
16191619 12 intentionally counterfeits or falsely reproduces a driver's license:
16201620 13 (1) with intent to use the driver's license; or
16211621 14 (2) to permit an individual to use the driver's license;
16221622 15 commits a Class B misdemeanor.
16231623 16 (b) A person that knowingly or intentionally counterfeits or
16241624 17 falsely reproduces a driving record card:
16251625 18 (1) with intent to use the driving record card; or
16261626 19 (2) to permit an individual to use the driving record card;
16271627 20 commits a Class B misdemeanor.
16281628 21 SECTION 48. IC 9-24-18-9, AS AMENDED BY P.L.198-2016,
16291629 22 SECTION 532, IS AMENDED TO READ AS FOLLOWS
16301630 23 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The bureau may establish a
16311631 24 driving record for an Indiana resident who does not hold any type of
16321632 25 valid driving license or driving record card. The driving record shall
16331633 26 be established for an unlicensed driver when the bureau receives an
16341634 27 abstract of court conviction for the type of conviction that would appear
16351635 28 on an official driver's record.
16361636 29 (b) If an unlicensed driver applies for and receives any type of
16371637 30 driver's license or driving record card in Indiana, the individual's
16381638 31 driving record as an unlicensed driver shall be recorded on the
16391639 32 permanent record file.
16401640 33 (c) The bureau shall also certify traffic violation convictions on the
16411641 34 driving record of an unlicensed driver who subsequently receives an
16421642 35 Indiana driver's license or a driving record card.
16431643 36 (d) A driving record established under this section must include the
16441644 37 following:
16451645 38 (1) The individual's convictions for any of the following:
16461646 39 (A) A moving traffic violation.
16471647 40 (B) Operating a vehicle without financial responsibility in
16481648 41 violation of IC 9-25.
16491649 42 (2) Any administrative penalty imposed by the bureau.
16501650 2022 IN 1195—LS 6333/DI 139 39
16511651 1 (3) Any suspensions, revocations, or reinstatements of the
16521652 2 individual's driving privileges, license, or permit.
16531653 3 (4) If the driving privileges of the individual have been suspended
16541654 4 or revoked by the bureau, an entry in the record stating that a
16551655 5 notice of suspension or revocation was mailed to the individual by
16561656 6 the bureau and the date of the mailing of the notice.
16571657 7 (5) Any requirement that the individual may operate only a motor
16581658 8 vehicle equipped with a certified ignition interlock device.
16591659 9 A driving record may not contain voter registration information.
16601660 10 SECTION 49. IC 9-25-6-7, AS AMENDED BY P.L.125-2012,
16611661 11 SECTION 263, IS AMENDED TO READ AS FOLLOWS
16621662 12 [EFFECTIVE JULY 1, 2022]: Sec. 7. Except as provided in sections 5
16631663 13 and 6 of this chapter, a suspension required in sections 4 and 6 of this
16641664 14 chapter remains in effect and no other motor vehicle may be registered
16651665 15 in the name of the judgment debtor or a new license or driving record
16661666 16 card issued to the judgment debtor, until the following occur:
16671667 17 (1) The judgment is satisfied or stayed.
16681668 18 (2) The judgment debtor gives proof of future financial
16691669 19 responsibility for three (3) years, as provided in this article.
16701670 20 SECTION 50. IC 9-25-6-15, AS AMENDED BY P.L.86-2021,
16711671 21 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16721672 22 JULY 1, 2022]: Sec. 15. (a) Except as provided in subsection (e), an
16731673 23 individual:
16741674 24 (1) whose driving privileges are suspended under this article; and
16751675 25 (2) who seeks the reinstatement of the driving privileges;
16761676 26 must pay a reinstatement fee to the bureau as provided in subsection
16771677 27 (b).
16781678 28 (b) The reinstatement fee under subsection (a) is as follows:
16791679 29 (1) For a first suspension, two hundred fifty dollars ($250).
16801680 30 (2) For a second suspension, five hundred dollars ($500).
16811681 31 (3) For a third or subsequent suspension, one thousand dollars
16821682 32 ($1,000).
16831683 33 (c) Each fee paid under this section or section 15.1 of this chapter
16841684 34 shall be deposited in the financial responsibility compliance
16851685 35 verification fund established by IC 9-25-9-7 as follows:
16861686 36 (1) Forty-eight percent (48%) of a fee paid after a first suspension.
16871687 37 (2) Thirty-nine percent (39%) of a fee paid after a second
16881688 38 suspension.
16891689 39 (3) Twenty-seven percent (27%) of a fee paid after a third or
16901690 40 subsequent suspension.
16911691 41 The remaining amount of each fee paid under this section or section
16921692 42 15.1 of this chapter must be deposited in the motor vehicle highway
16931693 2022 IN 1195—LS 6333/DI 139 40
16941694 1 account.
16951695 2 (d) If:
16961696 3 (1) a person's driving privileges are suspended for registering or
16971697 4 operating a vehicle in violation of IC 9-25-4-1;
16981698 5 (2) the person is required to pay a fee for the reinstatement of the
16991699 6 person's license or driving record card under this section; and
17001700 7 (3) the person later establishes that the person did not register or
17011701 8 operate a vehicle in violation of IC 9-25-4-1;
17021702 9 the fee paid by the person under this section shall be refunded.
17031703 10 (e) An individual who has had a suspension imposed under this
17041704 11 article terminated by submitting proof of future financial responsibility
17051705 12 under IC 9-25-4-3, IC 9-25-5-1, or section 3(d) of this chapter for the
17061706 13 required time period is not required to pay a reinstatement fee under
17071707 14 this section in order to have his or her driving privileges reinstated.
17081708 15 SECTION 51. IC 9-25-7-3, AS AMENDED BY P.L.111-2021,
17091709 16 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17101710 17 JULY 1, 2022]: Sec. 3. (a) The bureau shall, upon request, cancel a
17111711 18 bond or return a certificate of insurance, direct the treasurer of state to
17121712 19 return to the person entitled any money or securities deposited under
17131713 20 this article as proof of financial responsibility, or waive the requirement
17141714 21 of filing proof of financial responsibility in any of the following
17151715 22 circumstances:
17161716 23 (1) At any time after three (3) years from the date the proof was
17171717 24 required, if during the three (3) year period preceding the request
17181718 25 the person furnishing the proof has not been convicted of an
17191719 26 offense referred to in IC 9-30-4-6.1.
17201720 27 (2) If the person on whose behalf the proof was filed dies or the
17211721 28 person becomes permanently incapable of operating a motor
17221722 29 vehicle.
17231723 30 (3) If the person who has given proof of financial responsibility
17241724 31 surrenders the person's driver's license or driving record card,
17251725 32 registration certificates, and registration plates to the bureau. The
17261726 33 bureau may not release the proof if an action for damages upon a
17271727 34 liability referred to in this article is pending, a judgment upon a
17281728 35 liability is outstanding and unsatisfied, or the bureau has received
17291729 36 notice that the person has, within the period of three (3) months
17301730 37 immediately preceding, been involved as a driver in a motor
17311731 38 vehicle accident. An affidavit of the applicant of the nonexistence
17321732 39 of the facts referred to in this subdivision is sufficient evidence of
17331733 40 the nonexistence of the facts in the absence of evidence to the
17341734 41 contrary in the records of the department.
17351735 42 (b) Whenever a person to whom proof has been surrendered under
17361736 2022 IN 1195—LS 6333/DI 139 41
17371737 1 subsection (a)(3) applies for a driver's license (issued under IC 9-24-3)
17381738 2 or a chauffeur's license, a driving record card, or the registration of
17391739 3 a motor vehicle within a period of three (3) years from the date the
17401740 4 proof of financial responsibility was originally required, the bureau
17411741 5 shall reject the application unless the applicant reestablishes the proof
17421742 6 for the remainder of the period.
17431743 7 SECTION 52. IC 9-25-7-6, AS AMENDED BY P.L.198-2016,
17441744 8 SECTION 546, IS AMENDED TO READ AS FOLLOWS
17451745 9 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) This section does not apply
17461746 10 to an Indiana resident or an individual who operates a motor vehicle in
17471747 11 Indiana.
17481748 12 (b) Subject to subsection (c), an individual:
17491749 13 (1) whose driver's license, driving privileges, or registration was
17501750 14 suspended and who is required to prove financial responsibility
17511751 15 extending into the future in order to have the individual's driving
17521752 16 privileges reinstated; and
17531753 17 (2) who no longer operates a motor vehicle in Indiana and has
17541754 18 become a nonresident;
17551755 19 is not required to prove financial responsibility into the future in order
17561756 20 to have the individual's driver's license, driving privileges, or
17571757 21 registration temporarily reinstated to allow licensing or registration in
17581758 22 the other state or foreign jurisdiction.
17591759 23 (c) An individual described in subsection (b) who, during the three
17601760 24 (3) year period following the suspension described in subsection (b)(1):
17611761 25 (1) applies to the bureau for a driver's license or driving record
17621762 26 card; or
17631763 27 (2) registers a motor vehicle in Indiana;
17641764 28 must maintain proof of future financial responsibility for the unexpired
17651765 29 portion of the three (3) year period as required under this article.
17661766 30 SECTION 53. IC 9-26-1-1.1, AS AMENDED BY P.L.184-2019,
17671767 31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17681768 32 JULY 1, 2022]: Sec. 1.1. (a) The operator of a motor vehicle involved
17691769 33 in an accident shall do the following:
17701770 34 (1) Except as provided in section 1.2 of this chapter, the operator
17711771 35 shall immediately stop the operator's motor vehicle:
17721772 36 (A) at the scene of the accident; or
17731773 37 (B) as close to the accident as possible;
17741774 38 in a manner that does not obstruct traffic more than is necessary.
17751775 39 (2) Remain at the scene of the accident until the operator does the
17761776 40 following:
17771777 41 (A) Gives the operator's name and address and the registration
17781778 42 number of the motor vehicle the operator was driving to any
17791779 2022 IN 1195—LS 6333/DI 139 42
17801780 1 person involved in the accident.
17811781 2 (B) Exhibits the operator's driver's license or driving record
17821782 3 card to any person involved in the accident or occupant of or
17831783 4 any person attending to any vehicle involved in the accident.
17841784 5 (3) If the accident results in the injury or death of another person,
17851785 6 the operator shall, in addition to the requirements of subdivisions
17861786 7 (1) and (2):
17871787 8 (A) provide reasonable assistance to each person injured in or
17881788 9 entrapped by the accident, as directed by a law enforcement
17891789 10 officer, medical personnel, or a 911 telephone operator; and
17901790 11 (B) as soon as possible after the accident, immediately give
17911791 12 notice of the accident, or ensure that another person gives
17921792 13 notice of the accident, by the quickest means of
17931793 14 communication to one (1) of the following:
17941794 15 (i) The local police department, if the accident occurs within
17951795 16 a municipality.
17961796 17 (ii) The office of the county sheriff or the nearest state police
17971797 18 post, if the accident occurs outside a municipality.
17981798 19 (iii) A 911 telephone operator.
17991799 20 (4) If the accident involves a collision with an unattended vehicle
18001800 21 or damage to property other than a vehicle, the operator shall, in
18011801 22 addition to the requirements of subdivisions (1) and (2):
18021802 23 (A) take reasonable steps to locate and notify the owner or
18031803 24 person in charge of the damaged vehicle or property of the
18041804 25 damage; and
18051805 26 (B) if after reasonable inquiry the operator cannot find the
18061806 27 owner or person in charge of the damaged vehicle or property,
18071807 28 the operator must contact a law enforcement officer or agency
18081808 29 and provide the information required by this section.
18091809 30 (b) An operator of a motor vehicle who knowingly or intentionally
18101810 31 fails to comply with subsection (a) commits leaving the scene of an
18111811 32 accident, a Class B misdemeanor. However, the offense is:
18121812 33 (1) a Class A misdemeanor if the accident results in bodily injury
18131813 34 to another person;
18141814 35 (2) a Level 6 felony if:
18151815 36 (A) the accident results in moderate or serious bodily injury to
18161816 37 another person; or
18171817 38 (B) within the five (5) years preceding the commission of the
18181818 39 offense, the operator had a previous conviction of any of the
18191819 40 offenses listed in IC 9-30-10-4(a);
18201820 41 (3) a Level 4 felony if the accident results in the death or
18211821 42 catastrophic injury of another person; and
18221822 2022 IN 1195—LS 6333/DI 139 43
18231823 1 (4) a Level 3 felony if the operator knowingly or intentionally
18241824 2 fails to stop or comply with subsection (a) during or after the
18251825 3 commission of the offense of operating while intoxicated causing
18261826 4 serious bodily injury (IC 9-30-5-4) or operating while intoxicated
18271827 5 causing death or catastrophic injury (IC 9-30-5-5).
18281828 6 (c) An operator of a motor vehicle who commits an offense under
18291829 7 subsection (b)(1), (b)(2), (b)(3), or (b)(4) commits a separate offense
18301830 8 for each person whose injury or death was a result of the accident.
18311831 9 (d) A court may order terms of imprisonment imposed on a person
18321832 10 convicted of more than one (1) offense described in subsection (b)(1),
18331833 11 (b)(2), (b)(3), or (b)(4) to run consecutively. Consecutive terms of
18341834 12 imprisonment imposed under this subsection are not subject to the
18351835 13 sentencing restrictions set forth in IC 35-50-1-2(c) through
18361836 14 IC 35-50-1-2(d).
18371837 15 SECTION 54. IC 9-26-1-1.5, AS AMENDED BY P.L.188-2015,
18381838 16 SECTION 100, IS AMENDED TO READ AS FOLLOWS
18391839 17 [EFFECTIVE JULY 1, 2022]: Sec. 1.5. (a) If:
18401840 18 (1) the operator of a motor vehicle is physically incapable of
18411841 19 determining the need for or rendering assistance to any injured or
18421842 20 entrapped person as required under section 1.1(a)(3) of this
18431843 21 chapter;
18441844 22 (2) there is another occupant in the motor vehicle at the time of
18451845 23 the accident who is:
18461846 24 (A) at least:
18471847 25 (i) fifteen (15) years of age and holds a learner's permit
18481848 26 issued under IC 9-24-7-1, or a driver's license issued under
18491849 27 IC 9-24-11, or a driving record card issued under
18501850 28 IC 9-24-3.5, or a driving record card learner's permit
18511851 29 issued under IC 9-24-7-1(b); or
18521852 30 (ii) eighteen (18) years of age; and
18531853 31 (B) capable of determining the need for and rendering
18541854 32 reasonable assistance to injured or entrapped persons as
18551855 33 provided in section 1.1(a)(3) of this chapter; and
18561856 34 (3) the other occupant in the motor vehicle knows that the
18571857 35 operator of the motor vehicle is physically incapable of
18581858 36 determining the need for or rendering assistance to any injured or
18591859 37 entrapped person;
18601860 38 the motor vehicle occupant referred to in subdivisions (2) and (3) shall
18611861 39 immediately determine the need for and render reasonable assistance
18621862 40 to each person injured or entrapped in the accident as provided in
18631863 41 section 1.1(a)(3) of this chapter.
18641864 42 (b) If there is more than one (1) motor vehicle occupant to whom
18651865 2022 IN 1195—LS 6333/DI 139 44
18661866 1 subsection (a) applies, it is a defense to a prosecution of one (1) motor
18671867 2 vehicle occupant under subsection (a) that the defendant reasonably
18681868 3 believed that another occupant of the motor vehicle determined the
18691869 4 need for and rendered reasonable assistance as required under
18701870 5 subsection (a).
18711871 6 (c) A person who knowingly or intentionally violates this section
18721872 7 commits a Class C misdemeanor.
18731873 8 SECTION 55. IC 9-27-6-3, AS AMENDED BY P.L.92-2020,
18741874 9 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18751875 10 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "driver training
18761876 11 school" means:
18771877 12 (1) a business enterprise that:
18781878 13 (A) is conducted by an individual, an association, a
18791879 14 partnership, a limited liability company, or a corporation for
18801880 15 the education and training of persons, practically or
18811881 16 theoretically, or both, to operate or drive motor vehicles or to
18821882 17 prepare an applicant for an examination or validation under
18831883 18 IC 9-24 for a driver's license or driving record card; and
18841884 19 (B) charges consideration or tuition for the provision of
18851885 20 services; or
18861886 21 (2) a driver education program operated under the authority of:
18871887 22 (A) a school corporation (as defined in IC 36-1-2-17);
18881888 23 (B) a state accredited nonpublic secondary school that
18891889 24 voluntarily becomes accredited under IC 20-31-4.1;
18901890 25 (C) a postsecondary proprietary educational institution (as
18911891 26 defined in IC 22-4.1-21-9);
18921892 27 (D) a postsecondary credit bearing proprietary educational
18931893 28 institution (as defined in IC 21-18.5-2-12);
18941894 29 (E) a state educational institution (as defined in
18951895 30 IC 21-7-13-32); or
18961896 31 (F) a nonaccredited nonpublic school.
18971897 32 (b) The term does not include a business enterprise that educates or
18981898 33 trains a person or prepares a person for an examination or a validation
18991899 34 given by the bureau to operate or drive a motor vehicle as a vocation.
19001900 35 SECTION 56. IC 9-27-6-4, AS AMENDED BY P.L.85-2013,
19011901 36 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19021902 37 JULY 1, 2022]: Sec. 4. As used in this chapter, "instructor" means the
19031903 38 following:
19041904 39 (1) An individual, whether acting as the operator of a driver
19051905 40 training school or on behalf of a driver training school, who for
19061906 41 compensation teaches, conducts classes for, gives demonstrations
19071907 42 to, or supervises the practice of individuals learning to operate or
19081908 2022 IN 1195—LS 6333/DI 139 45
19091909 1 drive motor vehicles or preparing to take an examination for a
19101910 2 driver's license or driving record card.
19111911 3 (2) An individual who supervises the work of an instructor.
19121912 4 (3) An individual licensed under IC 20-28-5-1.
19131913 5 (4) An individual under the authority of a postsecondary
19141914 6 proprietary educational institution (as defined in IC 22-4.1-21-9)
19151915 7 or a postsecondary credit bearing proprietary educational
19161916 8 institution (as defined in IC 21-18.5-2-12) who is teaching,
19171917 9 conducting classes for, giving demonstrations to, or supervising
19181918 10 the practice of individuals learning to operate or drive motor
19191919 11 vehicles or preparing to take an examination for a driver's license
19201920 12 or driving record card.
19211921 13 (5) An individual under the authority of a state educational
19221922 14 institution (as defined in IC 21-7-13-32) who is teaching,
19231923 15 conducting classes for, giving demonstrations to, or supervising
19241924 16 the practice of individuals learning to operate or drive motor
19251925 17 vehicles or preparing to take an examination for a driver's license
19261926 18 or driving record card.
19271927 19 SECTION 57. IC 9-27-6-5, AS AMENDED BY P.L.85-2013,
19281928 20 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19291929 21 JULY 1, 2022]: Sec. 5. (a) As used in this section, "advisory board"
19301930 22 refers to the driver education advisory board established by subsection
19311931 23 (b).
19321932 24 (b) The driver education advisory board is established to advise the
19331933 25 commissioner in the administration of the policies of the commission
19341934 26 and the bureau regarding driver education.
19351935 27 (c) The advisory board is composed of seven (7) individuals
19361936 28 appointed by the commissioner as follows:
19371937 29 (1) Three (3) members must be driver education professionals
19381938 30 endorsed by the bureau under section 8 of this chapter. In the
19391939 31 selection of individuals for membership under this subdivision,
19401940 32 consideration must be given to driver education instruction
19411941 33 performed in urban and rural areas.
19421942 34 (2) One (1) member must be a traffic safety advocate.
19431943 35 (3) One (1) member must be a representative of the bureau.
19441944 36 (4) One (1) member must be a representative of higher education.
19451945 37 (5) One (1) member must be a representative of the insurance
19461946 38 industry.
19471947 39 (d) A member of the advisory board serves a two (2) year term. A
19481948 40 member may not be appointed to more than two (2) consecutive full
19491949 41 terms. Each member serves until the member's successor is appointed
19501950 42 and qualified.
19511951 2022 IN 1195—LS 6333/DI 139 46
19521952 1 (e) A member of the advisory board may be removed for good
19531953 2 cause.
19541954 3 (f) A vacancy on the advisory board shall be filled by the
19551955 4 appointment by the commissioner of an individual to fill the position
19561956 5 to which the vacating member was appointed under subsection (c) for
19571957 6 the vacating member's unexpired term.
19581958 7 (g) The advisory board shall:
19591959 8 (1) consult with and advise the commissioner in the
19601960 9 administration of the policies of the commission and the bureau
19611961 10 regarding driver education; and
19621962 11 (2) suggest rules regarding the education and training of persons
19631963 12 to operate or drive motor vehicles or to prepare a person for an
19641964 13 examination or validation for a driver's license or driving record
19651965 14 card.
19661966 15 (h) A member of the advisory board is not subject to liability in a
19671967 16 civil action for bodily injury or property damage arising from or
19681968 17 thought to have arisen from an action taken in good faith as a member
19691969 18 of the advisory board.
19701970 19 SECTION 58. IC 9-30-2-4 IS AMENDED TO READ AS
19711971 20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does
19721972 21 not apply to a person arrested for a misdemeanor under IC 9-30-5
19731973 22 (operating a vehicle while intoxicated).
19741974 23 (b) If a person is arrested for a misdemeanor under this title, the
19751975 24 arrested person shall be immediately taken before a court within the
19761976 25 county in which the offense charged is alleged to have been committed
19771977 26 and that has jurisdiction of the offense and is nearest or most accessible
19781978 27 to the place where the arrest is made in any of the following cases:
19791979 28 (1) When the person demands an immediate appearance before a
19801980 29 court.
19811981 30 (2) When the person is charged with an offense causing or
19821982 31 contributing to an accident resulting in injury to or death of a
19831983 32 person.
19841984 33 (3) When the person is charged with failure to stop for an accident
19851985 34 causing death, personal injuries, or damage to property.
19861986 35 (4) When the person refuses to give the person's written promise
19871987 36 to appear in court.
19881988 37 (5) When the person is charged with driving while the person's
19891989 38 license or driving record card is suspended or revoked.
19901990 39 SECTION 59. IC 9-30-3-15, AS AMENDED BY P.L.198-2016,
19911991 40 SECTION 595, IS AMENDED TO READ AS FOLLOWS
19921992 41 [EFFECTIVE JULY 1, 2022]: Sec. 15. In a proceeding, prosecution, or
19931993 42 hearing where the prosecuting attorney must prove that the defendant
19941994 2022 IN 1195—LS 6333/DI 139 47
19951995 1 had a prior conviction for an offense under this title, the relevant
19961996 2 portions of a certified computer printout or electronic copy made from
19971997 3 the records of the bureau are admissible as prima facie evidence of the
19981998 4 prior conviction. However, the prosecuting attorney must establish that
19991999 5 the document identifies the defendant by the defendant's driver's
20002000 6 license or driving record card number or by any other identification
20012001 7 method utilized by the bureau.
20022002 8 SECTION 60. IC 9-30-4-6.1, AS ADDED BY P.L.198-2016,
20032003 9 SECTION 598, IS AMENDED TO READ AS FOLLOWS
20042004 10 [EFFECTIVE JULY 1, 2022]: Sec. 6.1. (a) The bureau shall suspend
20052005 11 or revoke the current driver's license, driving record card, or driving
20062006 12 privileges and all certificates of registration and proof of registration
20072007 13 issued to or registered in the name of an individual who is convicted of
20082008 14 any of the following:
20092009 15 (1) Manslaughter or reckless homicide resulting from the
20102010 16 operation of a motor vehicle.
20112011 17 (2) Knowingly making a false application, or committing perjury
20122012 18 with respect to an application made, under:
20132013 19 (A) this chapter; or
20142014 20 (B) any other law requiring the registration of motor vehicles
20152015 21 or regulating motor vehicle operation on highways.
20162016 22 (3) Three (3) charges of criminal recklessness involving the use
20172017 23 of a motor vehicle within the preceding twelve (12) months.
20182018 24 (4) Failure to stop and give information or assistance or failure to
20192019 25 stop and disclose the individual's identity at the scene of an
20202020 26 accident that has resulted in death, personal injury, or property
20212021 27 damage in excess of two hundred dollars ($200).
20222022 28 However, and unless otherwise required by law, the bureau may not
20232023 29 suspend a certificate of registration or proof of registration if the
20242024 30 individual gives and maintains, during the three (3) years following the
20252025 31 date of suspension or revocation, proof of financial responsibility in the
20262026 32 future in the manner specified in this section.
20272027 33 (b) The bureau shall suspend a driver's license, driving record
20282028 34 card, or driving privileges of an individual upon conviction in another
20292029 35 jurisdiction for the following:
20302030 36 (1) Manslaughter or reckless homicide resulting from the
20312031 37 operation of a motor vehicle.
20322032 38 (2) Knowingly making a false application, or committing perjury
20332033 39 with respect to an application made, under:
20342034 40 (A) this chapter; or
20352035 41 (B) any other law requiring the registration of motor vehicles
20362036 42 or regulating motor vehicle operation on highways.
20372037 2022 IN 1195—LS 6333/DI 139 48
20382038 1 (3) Three (3) charges of criminal recklessness involving the use
20392039 2 of a motor vehicle within the preceding twelve (12) months.
20402040 3 (4) Failure to stop and give information or assistance or failure to
20412041 4 stop and disclose the individual's identity at the scene of an
20422042 5 accident that has resulted in death, personal injury, or property
20432043 6 damage in excess of two hundred dollars ($200).
20442044 7 However, if property damage under subdivision (4) is equal to or less
20452045 8 than two hundred dollars ($200), the bureau may determine whether
20462046 9 the driver's license, driving record card, or driving privileges and
20472047 10 certificates of registration and proof of registration shall be suspended
20482048 11 or revoked.
20492049 12 (c) An individual whose driving privileges are suspended under this
20502050 13 chapter is eligible for specialized driving privileges under IC 9-30-16.
20512051 14 (d) A suspension or revocation remains in effect and a new or
20522052 15 renewal license or driving record card may not be issued to the
20532053 16 individual and a motor vehicle may not be registered in the name of the
20542054 17 individual as follows:
20552055 18 (1) Except as provided in subdivision (2), for six (6) months after
20562056 19 the date of conviction or on the date on which the individual is
20572057 20 otherwise eligible for a license or driving record card,
20582058 21 whichever is later.
20592059 22 (2) Upon conviction of an offense described in subsection (a)(1),
20602060 23 (a)(4), (b)(1), or (b)(4), when the accident has resulted in death,
20612061 24 for a fixed period of at least two (2) years and not more than five
20622062 25 (5) years, to be fixed by the bureau based upon recommendation
20632063 26 of the court entering a conviction. A new or reinstated driver's
20642064 27 license, driving record card, or driving privileges may not be
20652065 28 issued to the individual unless that individual, within the three (3)
20662066 29 years following the expiration of the suspension or revocation,
20672067 30 gives and maintains in force at all times during the effective
20682068 31 period of a new or reinstated license or driving record card
20692069 32 proof of financial responsibility in the future in the manner
20702070 33 specified in this chapter. However, the liability of the insurance
20712071 34 carrier under a motor vehicle liability policy that is furnished for
20722072 35 proof of financial responsibility in the future as set out in this
20732073 36 chapter becomes absolute whenever loss or damage covered by
20742074 37 the policy occurs, and the satisfaction by the insured of a final
20752075 38 judgment for loss or damage is not a condition precedent to the
20762076 39 right or obligation of the carrier to make payment on account of
20772077 40 loss or damage, but the insurance carrier has the right to settle a
20782078 41 claim covered by the policy. If the settlement is made in good
20792079 42 faith, the amount must be deducted from the limits of liability
20802080 2022 IN 1195—LS 6333/DI 139 49
20812081 1 specified in the policy. A policy may not be canceled or annulled
20822082 2 with respect to a loss or damage by an agreement between the
20832083 3 carrier and the insured after the insured has become responsible
20842084 4 for the loss or damage, and a cancellation or annulment is void.
20852085 5 The policy may provide that the insured or any other person
20862086 6 covered by the policy shall reimburse the insurance carrier for
20872087 7 payment made on account of any loss or damage claim or suit
20882088 8 involving a breach of the terms, provisions, or conditions of the
20892089 9 policy. If the policy provides for limits that exceed the limits
20902090 10 specified in this chapter, the insurance carrier may plead against
20912091 11 any plaintiff, with respect to the amount of the excess limits of
20922092 12 liability, any defenses that the carrier may be entitled to plead
20932093 13 against the insured. The policy may further provide for prorating
20942094 14 of the insurance with other applicable valid and collectible
20952095 15 insurance. An action does not lie against the insurance carrier by
20962096 16 or on behalf of any claimant under the policy until a final
20972097 17 judgment has been obtained after actual trial by or on behalf of
20982098 18 any claimant under the policy.
20992099 19 (e) The bureau may take action as required in this section upon
21002100 20 receiving satisfactory evidence of a conviction of an individual in
21012101 21 another state.
21022102 22 (f) A suspension or revocation under this section or IC 9-30-13-0.5
21032103 23 stands pending appeal of the conviction to a higher court and may be
21042104 24 set aside or modified only upon the receipt by the bureau of the
21052105 25 certificate of the court reversing or modifying the judgment that the
21062106 26 cause has been reversed or modified. However, if the suspension or
21072107 27 revocation follows a conviction in a court of no record in Indiana, the
21082108 28 suspension or revocation is stayed pending appeal of the conviction to
21092109 29 a court of record.
21102110 30 (g) A person aggrieved by an order or act of the bureau under this
21112111 31 section or IC 9-30-13-0.5 may file a petition for a court review.
21122112 32 (h) An entry in the driving record of a defendant stating that notice
21132113 33 of suspension or revocation was mailed by the bureau to the defendant
21142114 34 constitutes prima facie evidence that the notice was mailed to the
21152115 35 defendant's address as shown in the records of the bureau.
21162116 36 SECTION 61. IC 9-30-5-18, AS ADDED BY P.L.125-2012,
21172117 37 SECTION 342, IS AMENDED TO READ AS FOLLOWS
21182118 38 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) If:
21192119 39 (1) a criminal proceeding for driving while intoxicated under
21202120 40 IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
21212121 41 or
21222122 42 (2) a child alleged to be a delinquent child based upon the child's
21232123 2022 IN 1195—LS 6333/DI 139 50
21242124 1 violation of IC 9-30-5 voluntarily attends or is ordered by the
21252125 2 court under IC 31-37 to attend an alcohol and drug services
21262126 3 program;
21272127 4 the court, within ten (10) days after the defendant or child begins the
21282128 5 program, shall forward to the bureau a certified abstract of program
21292129 6 enrollment.
21302130 7 (b) The abstract must state the following:
21312131 8 (1) The defendant's or child's name, address, date of birth, and
21322132 9 driver's license or driving record card number.
21332133 10 (2) The name and location of the alcohol and drug services
21342134 11 program that the defendant or child is attending.
21352135 12 SECTION 62. IC 9-30-6-4.3, AS AMENDED BY P.L.13-2013,
21362136 13 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21372137 14 JULY 1, 2022]: Sec. 4.3. (a) This section applies only to a person
21382138 15 whose motor vehicle has been seized under IC 34-24-1-1(a)(15).
21392139 16 (b) If the bureau receives an order from a court recommending that
21402140 17 the bureau not register a motor vehicle in the name of a person whose
21412141 18 motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau
21422142 19 may not register a motor vehicle in the name of the person whose motor
21432143 20 vehicle has been seized until the person proves that the person
21442144 21 possesses a driver's license or driving record card with valid driving
21452145 22 privileges.
21462146 23 SECTION 63. IC 9-30-8-1, AS AMENDED BY P.L.188-2015,
21472147 24 SECTION 112, IS AMENDED TO READ AS FOLLOWS
21482148 25 [EFFECTIVE JULY 1, 2022]: Sec. 1. If a court orders the installation
21492149 26 of a certified ignition interlock device on a motor vehicle that a person
21502150 27 whose license or driving record card is restricted owns or expects to
21512151 28 operate, the court shall set the time that the installation must remain in
21522152 29 effect. However, the term may not exceed the maximum term of
21532153 30 imprisonment the court could have imposed. The person shall pay the
21542154 31 cost of installation unless the sentencing court determines that the
21552155 32 person is indigent.
21562156 33 SECTION 64. IC 9-30-8-5 IS AMENDED TO READ AS
21572157 34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a court orders a
21582158 35 person under IC 9-30-5-16 to operate only a vehicle that is equipped
21592159 36 with an ignition interlock device, the bureau shall include that
21602160 37 condition when issuing a license or driving record card.
21612161 38 SECTION 65. IC 9-30-9-5 IS AMENDED TO READ AS
21622162 39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If the court enters
21632163 40 an order conditionally deferring charges under section 3 of this chapter,
21642164 41 the court may do the following:
21652165 42 (1) Suspend the person's driving privileges for at least two (2)
21662166 2022 IN 1195—LS 6333/DI 139 51
21672167 1 years but not more than four (4) years.
21682168 2 (2) Impose other appropriate conditions, including the payment of
21692169 3 fees imposed under section 8 of this chapter.
21702170 4 (b) Notwithstanding IC 9-30-6-9, the defendant may be granted
21712171 5 probationary driving privileges only after the defendant's license or
21722172 6 driving record card has been suspended for at least one (1) year.
21732173 7 (c) The court may, as an alternative to a license or driving record
21742174 8 card suspension under subsection (a)(1), issue an order prohibiting the
21752175 9 defendant from operating a motor vehicle unless the motor vehicle is
21762176 10 equipped with a functioning certified ignition interlock device under
21772177 11 IC 9-30-8. An order requiring an ignition interlock device must remain
21782178 12 in effect for at least two (2) years but not more than four (4) years.
21792179 13 SECTION 66. IC 9-30-9-7 IS AMENDED TO READ AS
21802180 14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If the court refers
21812181 15 a defendant to the program under section 6 of this chapter, the court
21822182 16 may do the following:
21832183 17 (1) Suspend the defendant's driving privileges for at least ninety
21842184 18 (90) days but not more than four (4) years.
21852185 19 (2) Impose other appropriate conditions.
21862186 20 (b) The defendant may be granted probationary driving privileges
21872187 21 only after the defendant's license or driving record card has been
21882188 22 suspended for at least thirty (30) days under IC 9-30-6-9.
21892189 23 (c) The court may, as an alternative to a license or driving record
21902190 24 card suspension under subsection (a)(1), issue an order prohibiting the
21912191 25 defendant from operating a motor vehicle unless the motor vehicle is
21922192 26 equipped with a functioning certified ignition interlock device under
21932193 27 IC 9-30-8. An order requiring an ignition interlock device must remain
21942194 28 in effect for at least two (2) years but not more than four (4) years.
21952195 29 SECTION 67. IC 9-30-13-0.5, AS AMENDED BY P.L.198-2016,
21962196 30 SECTION 604, IS AMENDED TO READ AS FOLLOWS
21972197 31 [EFFECTIVE JULY 1, 2022]: Sec. 0.5. (a) A court shall forward to the
21982198 32 bureau a certified abstract of the record of the conviction of a person
21992199 33 in the court for a violation of a law relating to motor vehicles.
22002200 34 (b) If in the opinion of the court a defendant should be deprived of
22012201 35 the privilege to operate a motor vehicle upon a public highway, the
22022202 36 court may recommend the suspension of the convicted person's driving
22032203 37 privileges for a period that does not exceed the maximum period of
22042204 38 incarceration for the offense of which the person was convicted.
22052205 39 (c) The bureau shall comply with the court's recommendation.
22062206 40 (d) At the time of a conviction referred to in subsection (a) or under
22072207 41 IC 9-30-5-7, the court may obtain and destroy the defendant's current
22082208 42 driver's license or driving record card.
22092209 2022 IN 1195—LS 6333/DI 139 52
22102210 1 (e) An abstract required by this section must be in the form
22112211 2 prescribed by the bureau and, when certified, shall be accepted by an
22122212 3 administrative agency or a court as prima facie evidence of the
22132213 4 conviction and all other action stated in the abstract.
22142214 5 SECTION 68. IC 9-30-13-8, AS AMENDED BY P.L.217-2014,
22152215 6 SECTION 152, IS AMENDED TO READ AS FOLLOWS
22162216 7 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) Upon receiving an order
22172217 8 issued by a court under IC 35-43-4-8(b) concerning a person convicted
22182218 9 of fuel theft, the bureau shall do the following:
22192219 10 (1) Suspend under subsection (b) the driving privileges of the
22202220 11 person who is the subject of the order, whether or not the person's
22212221 12 current driver's license or driving record card accompanies the
22222222 13 order.
22232223 14 (2) Mail to the last known address of the person who is the subject
22242224 15 of the order a notice:
22252225 16 (A) stating that the person's driving privileges are being
22262226 17 suspended for fuel theft;
22272227 18 (B) setting forth the date on which the suspension takes effect
22282228 19 and the date on which the suspension terminates; and
22292229 20 (C) stating that the person may be granted specialized driving
22302230 21 privileges under IC 9-30-16 if the person meets the conditions
22312231 22 for obtaining specialized driving privileges.
22322232 23 (b) The suspension of the driving privileges of a person who is the
22332233 24 subject of an order issued under IC 35-43-4-8(b):
22342234 25 (1) begins five (5) business days after the date on which the
22352235 26 bureau mails the notice to the person under subsection (a)(2); and
22362236 27 (2) terminates thirty (30) days after the suspension begins.
22372237 28 (c) A person who operates a motor vehicle during a suspension of
22382238 29 the person's driving privileges under this section commits a Class A
22392239 30 infraction unless the person's operation of the motor vehicle is
22402240 31 authorized by specialized driving privileges granted to the person under
22412241 32 IC 9-30-16.
22422242 33 (d) The bureau shall, upon receiving a record of conviction of a
22432243 34 person upon a charge of driving a motor vehicle while the driving
22442244 35 privileges, permit, or license of the person is suspended, fix the period
22452245 36 of suspension in accordance with the order of the court.
22462246 37 SECTION 69. IC 9-30-13-9, AS ADDED BY P.L.41-2016,
22472247 38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22482248 39 JULY 1, 2022]: Sec. 9. (a) Upon receiving an order issued by a court
22492249 40 under IC 9-21-5-11(f) concerning a person who has committed the
22502250 41 infraction of violating a worksite speed limit for the second time within
22512251 42 one (1) year, the bureau shall do the following:
22522252 2022 IN 1195—LS 6333/DI 139 53
22532253 1 (1) Suspend under subsection (b) the driving privileges of the
22542254 2 person who is the subject of the order, whether or not the person's
22552255 3 current driver's license or driving record card accompanies the
22562256 4 order.
22572257 5 (2) Mail to the last known address of the person who is the subject
22582258 6 of the order a notice:
22592259 7 (A) stating that the person's driving privileges are being
22602260 8 suspended for a second or subsequent offense of exceeding a
22612261 9 worksite speed limit within one (1) year;
22622262 10 (B) setting forth the date on which the suspension takes effect
22632263 11 and the date on which the suspension terminates; and
22642264 12 (C) stating that the person may be granted specialized driving
22652265 13 privileges under IC 9-30-16 if the person meets the conditions
22662266 14 for obtaining specialized driving privileges.
22672267 15 (b) The suspension of the driving privileges of a person who is the
22682268 16 subject of an order issued under IC 9-21-5-11(f):
22692269 17 (1) begins five (5) business days after the date on which the
22702270 18 bureau mails the notice to the person under subsection (a)(2); and
22712271 19 (2) terminates sixty (60) days after the suspension begins.
22722272 20 (c) A person who operates a motor vehicle during a suspension of
22732273 21 the person's driving privileges under this section commits a Class A
22742274 22 infraction unless the person's operation of the motor vehicle is
22752275 23 authorized by specialized driving privileges granted to the person under
22762276 24 IC 9-30-16.
22772277 25 (d) The bureau shall, upon receiving a record of conviction of a
22782278 26 person upon a charge of driving a motor vehicle while the driving
22792279 27 privileges, permit, or license of the person is suspended, fix the period
22802280 28 of suspension in accordance with the order of the court.
22812281 29 SECTION 70. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
22822282 30 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22832283 31 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), the
22842284 32 following are ineligible for specialized driving privileges under this
22852285 33 chapter:
22862286 34 (1) A person who has never been an Indiana resident.
22872287 35 (2) A person seeking specialized driving privileges with respect
22882288 36 to a suspension based on the person's refusal to submit to a
22892289 37 chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
22902290 38 court may grant this person driving privileges under
22912291 39 IC 9-30-6-8(d).
22922292 40 (3) A person whose driving privileges have been suspended or
22932293 41 revoked under IC 9-24-10-7(b)(2)(A).
22942294 42 (4) A person whose driving privileges have been suspended under
22952295 2022 IN 1195—LS 6333/DI 139 54
22962296 1 IC 9-21-8-52(e) or IC 9-21-12-1(b).
22972297 2 (b) This chapter applies to the following:
22982298 3 (1) A person who held a driver's license (issued under IC 9-24-3),
22992299 4 or a commercial driver's license, a public passenger chauffeur's
23002300 5 license, or a chauffeur's license, or a driving record card at the
23012301 6 time of:
23022302 7 (A) the criminal conviction for which the operation of a motor
23032303 8 vehicle is an element of the offense;
23042304 9 (B) any criminal conviction for an offense under IC 9-30-5,
23052305 10 IC 35-46-9, or IC 14-15-8 (before its repeal); or
23062306 11 (C) committing the infraction of exceeding a worksite speed
23072307 12 limit for the second time in one (1) year under IC 9-21-5-11(f).
23082308 13 (2) A person: who:
23092309 14 (A) who:
23102310 15 (i) has never held a valid Indiana driver's license or driving
23112311 16 record card; or
23122312 17 (ii) does not currently hold a valid Indiana learner's permit
23132313 18 or driving record card learner's permit; and
23142314 19 (B) who was an Indiana resident when the driving privileges
23152315 20 for which the person is seeking specialized driving privileges
23162316 21 were suspended.
23172317 22 (c) Except as specifically provided in this chapter, a court may
23182318 23 suspend the driving privileges of a person convicted of any of the
23192319 24 following offenses for a period up to the maximum allowable period of
23202320 25 incarceration under the penalty for the offense:
23212321 26 (1) Any criminal conviction in which the operation of a motor
23222322 27 vehicle is an element of the offense.
23232323 28 (2) Any criminal conviction for an offense under IC 9-30-5,
23242324 29 IC 35-46-9, or IC 14-15-8 (before its repeal).
23252325 30 (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
23262326 31 that involves the use of a vehicle.
23272327 32 (d) Except as provided in section 3.5 of this chapter, a suspension
23282328 33 of driving privileges under this chapter may begin before the
23292329 34 conviction. Multiple suspensions of driving privileges ordered by a
23302330 35 court that are part of the same episode of criminal conduct shall be
23312331 36 served concurrently. A court may grant credit time for any suspension
23322332 37 that began before the conviction, except as prohibited by section
23332333 38 6(a)(2) of this chapter.
23342334 39 (e) If a person has had an ignition interlock device installed as a
23352335 40 condition of specialized driving privileges or under IC 9-30-6-8(d), the
23362336 41 period of the installation shall be credited as part of the suspension of
23372337 42 driving privileges.
23382338 2022 IN 1195—LS 6333/DI 139 55
23392339 1 (f) This subsection applies to a person described in subsection
23402340 2 (b)(2). A court shall, as a condition of granting specialized driving
23412341 3 privileges to the person, require the person to apply for and obtain an
23422342 4 Indiana driver's license or driving record card.
23432343 5 (g) If a person indicates to the court at an initial hearing (as
23442344 6 described in IC 35-33-7) that the person intends to file a petition for a
23452345 7 specialized driving privileges hearing with that court under section 3
23462346 8 or 4 of this chapter, the following apply:
23472347 9 (1) The court shall:
23482348 10 (A) stay the suspension of the person's driving privileges at the
23492349 11 initial hearing and shall not submit the probable cause
23502350 12 affidavit related to the person's offense to the bureau; and
23512351 13 (B) set the matter for a specialized driving privileges hearing
23522352 14 not later than thirty (30) days after the initial hearing.
23532353 15 (2) If the person does not file a petition for a specialized driving
23542354 16 privileges hearing not later than ten (10) days after the date of the
23552355 17 initial hearing, the court shall lift the stay of the suspension of the
23562356 18 person's driving privileges and shall submit the probable cause
23572357 19 affidavit related to the person's offense to the bureau for
23582358 20 automatic suspension.
23592359 21 (3) If the person files a petition for a specialized driving privileges
23602360 22 hearing not later than ten (10) days after the initial hearing, the
23612361 23 stay of the suspension of the person's driving privileges continues
23622362 24 until the matter is heard and a determination is made by the court
23632363 25 at the specialized driving privileges hearing.
23642364 26 (4) If the specialized driving privileges hearing is continued due
23652365 27 to:
23662366 28 (A) a congestion of the court calendar;
23672367 29 (B) the prosecuting attorney's motion for a continuance; or
23682368 30 (C) the person's motion for a continuance with no objection by
23692369 31 the prosecuting attorney;
23702370 32 the stay of the suspension of the person's driving privileges
23712371 33 continues until addressed at the next hearing.
23722372 34 (5) If the person moves for a continuance of the specialized
23732373 35 driving privileges hearing and the court grants the continuance
23742374 36 over the prosecuting attorney's objection, the court shall lift the
23752375 37 stay of the suspension of the person's driving privileges and shall
23762376 38 submit the probable cause affidavit related to the person's offense
23772377 39 to the bureau for automatic suspension.
23782378 40 SECTION 71. IC 9-30-16-3, AS AMENDED BY P.L.29-2020,
23792379 41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23802380 42 JULY 1, 2022]: Sec. 3. (a) This section does not apply to specialized
23812381 2022 IN 1195—LS 6333/DI 139 56
23822382 1 driving privileges granted in accordance with section 3.5 of this
23832383 2 chapter. If a court orders a suspension of driving privileges under this
23842384 3 chapter, or imposes a suspension of driving privileges under
23852385 4 IC 9-30-6-9(c), the court may stay the suspension and grant a
23862386 5 specialized driving privilege as set forth in this section.
23872387 6 (b) An individual who seeks specialized driving privileges must file
23882388 7 a petition for specialized driving privileges in each court that has
23892389 8 ordered or imposed a suspension of the individual's driving privileges.
23902390 9 Each petition must:
23912391 10 (1) be verified by the petitioner;
23922392 11 (2) state the petitioner's age, date of birth, and address;
23932393 12 (3) state the grounds for relief and the relief sought;
23942394 13 (4) be filed in the court case that resulted in the order of
23952395 14 suspension; and
23962396 15 (5) be served on the bureau and the prosecuting attorney.
23972397 16 A prosecuting attorney shall appear on behalf of the bureau to respond
23982398 17 to a petition filed under this subsection.
23992399 18 (c) Except as provided in subsection (h), regardless of the
24002400 19 underlying offense, specialized driving privileges granted under this
24012401 20 section shall be granted for a period of time as determined by the court.
24022402 21 A court, at its discretion, may set periodic review hearings to review an
24032403 22 individual's specialized driving privileges.
24042404 23 (d) The terms of specialized driving privileges must be determined
24052405 24 by a court.
24062406 25 (e) A stay of a suspension and specialized driving privileges may
24072407 26 not be granted to an individual who:
24082408 27 (1) has previously been granted specialized driving privileges;
24092409 28 and
24102410 29 (2) has more than one (1) conviction under section 5 of this
24112411 30 chapter.
24122412 31 (f) An individual who has been granted specialized driving
24132413 32 privileges shall:
24142414 33 (1) maintain proof of future financial responsibility insurance
24152415 34 during the period of specialized driving privileges;
24162416 35 (2) carry a copy of the order granting specialized driving
24172417 36 privileges or have the order in the vehicle being operated by the
24182418 37 individual;
24192419 38 (3) produce the copy of the order granting specialized driving
24202420 39 privileges upon the request of a police officer; and
24212421 40 (4) carry a validly issued state identification card, or driver's
24222422 41 license, or driving record card.
24232423 42 (g) An individual who holds a commercial driver's license and has
24242424 2022 IN 1195—LS 6333/DI 139 57
24252425 1 been granted specialized driving privileges under this chapter may not,
24262426 2 for the duration of the suspension for which the specialized driving
24272427 3 privileges are sought, operate any vehicle that requires the individual
24282428 4 to hold a commercial driver's license to operate the vehicle.
24292429 5 (h) Whenever a suspension of an individual's driving privileges
24302430 6 under this chapter is terminated because:
24312431 7 (1) the underlying conviction, judgment, or finding that forms the
24322432 8 basis of the suspension is reversed, vacated, or dismissed; or
24332433 9 (2) the individual is acquitted of, found not liable for, or otherwise
24342434 10 found not to have committed the underlying act or offense that
24352435 11 forms the basis of the suspension;
24362436 12 the individual's specialized driving privileges expire at the time the
24372437 13 suspension of the individual's driving privileges is terminated.
24382438 14 (i) The court shall inform the bureau of a termination of a
24392439 15 suspension and expiration of specialized driving privileges as described
24402440 16 under subsection (h) in a format designated by the bureau.
24412441 17 SECTION 72. IC 9-30-16-3.5, AS AMENDED BY P.L.29-2020,
24422442 18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24432443 19 JULY 1, 2022]: Sec. 3.5. (a) If a court imposes a suspension of driving
24442444 20 privileges under IC 9-21-5-11(f), the court may stay the suspension and
24452445 21 grant a specialized driving privilege as set forth in this section.
24462446 22 (b) Except as provided in subsection (g), specialized driving
24472447 23 privileges granted under this section shall be granted for a period of
24482448 24 time as determined by the court. A court, at its discretion, may set
24492449 25 periodic review hearings to review an individual's specialized driving
24502450 26 privileges.
24512451 27 (c) Specialized driving privileges granted under this section:
24522452 28 (1) must be determined by a court; and
24532453 29 (2) are limited to restricting the individual to being allowed to
24542454 30 operate a motor vehicle between the place of employment of the
24552455 31 individual and the individual's residence.
24562456 32 (d) An individual who has been granted specialized driving
24572457 33 privileges under this section shall:
24582458 34 (1) maintain proof of future financial responsibility insurance
24592459 35 during the period of specialized driving privileges;
24602460 36 (2) carry a copy of the order granting specialized driving
24612461 37 privileges or have the order in the vehicle being operated by the
24622462 38 individual;
24632463 39 (3) produce the copy of the order granting specialized driving
24642464 40 privileges upon the request of a police officer; and
24652465 41 (4) carry a validly issued driver's license or driving record card.
24662466 42 (e) An individual who holds a commercial driver's license and has
24672467 2022 IN 1195—LS 6333/DI 139 58
24682468 1 been granted specialized driving privileges under this chapter may not,
24692469 2 for the duration of the suspension for which the specialized driving
24702470 3 privileges are sought, operate a motor vehicle that requires the
24712471 4 individual to hold a commercial driver's license to operate the motor
24722472 5 vehicle.
24732473 6 (f) An individual who seeks specialized driving privileges must file
24742474 7 a petition for specialized driving privileges in each court that has
24752475 8 ordered or imposed a suspension of the individual's driving privileges.
24762476 9 Each petition must:
24772477 10 (1) be verified by the petitioner;
24782478 11 (2) state the petitioner's age, date of birth, and address;
24792479 12 (3) state the grounds for relief and the relief sought;
24802480 13 (4) be filed in the court that ordered or imposed the suspension;
24812481 14 and
24822482 15 (5) be served on the bureau and the prosecuting attorney.
24832483 16 A prosecuting attorney shall appear on behalf of the bureau to respond
24842484 17 to a petition filed under this subsection.
24852485 18 (g) Whenever a suspension of an individual's driving privileges
24862486 19 under this chapter is terminated because:
24872487 20 (1) the underlying conviction, judgment, or finding that forms the
24882488 21 basis of the suspension is reversed, vacated, or dismissed; or
24892489 22 (2) the individual is acquitted of, found not liable for, or otherwise
24902490 23 found not to have committed the underlying act or offense that
24912491 24 forms the basis of the suspension;
24922492 25 the individual's specialized driving privileges expire at the time the
24932493 26 suspension of the individual's driving privileges is terminated.
24942494 27 (h) The court shall inform the bureau of a termination of a
24952495 28 suspension of driving privileges and expiration of specialized driving
24962496 29 privileges as described under subsection (g) in a format designated by
24972497 30 the bureau.
24982498 31 SECTION 73. IC 9-30-16-5, AS AMENDED BY P.L.10-2019,
24992499 32 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25002500 33 JULY 1, 2022]: Sec. 5. (a) A person who knowingly or intentionally
25012501 34 violates a condition imposed by a court under section 3, 3.5, or 4 of this
25022502 35 chapter, or imposed under IC 9-30-10-14.2, commits a Class C
25032503 36 misdemeanor. The prosecuting attorney may notify the court that issued
25042504 37 the specialized driving privileges order of the alleged violation. If the
25052505 38 specialized driving privileges order is from a different county, the
25062506 39 prosecuting attorney may also notify the prosecuting attorney in that
25072507 40 county of the violation.
25082508 41 (b) For a person convicted of an offense under subsection (a), the
25092509 42 court that issued the specialized driving privileges order that was
25102510 2022 IN 1195—LS 6333/DI 139 59
25112511 1 violated may modify or revoke specialized driving privileges. The court
25122512 2 that issued the specialized driving privileges order that was violated
25132513 3 may order the bureau to lift the stay of a suspension of driving
25142514 4 privileges and suspend the person's driving license or driving record
25152515 5 card as originally ordered in addition to any additional suspension.
25162516 6 SECTION 74. IC 9-30-16-6, AS AMENDED BY P.L.110-2020,
25172517 7 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25182518 8 JULY 1, 2022]: Sec. 6. (a) A person whose driving privileges are
25192519 9 suspended under section 1(c) of this chapter:
25202520 10 (1) is entitled to credit for any days during which the license or
25212521 11 driving record card was suspended under IC 9-30-6-9(c); and
25222522 12 (2) may not receive any credit for days during which the person's
25232523 13 driving privileges were suspended under IC 9-30-6-9(b).
25242524 14 (b) A period of suspension of driving privileges imposed under
25252525 15 section 1(c) of this chapter must be consecutive to any period of
25262526 16 suspension imposed under IC 9-30-6-9(b). However, if the state and
25272527 17 defendant agree pursuant to a term in an accepted plea agreement, or
25282528 18 if the court finds at sentencing that it is in the best interest of society,
25292529 19 the court shall terminate all or any part of the remaining suspension
25302530 20 under IC 9-30-6-9(b) and shall enter this finding in its sentencing
25312531 21 order.
25322532 22 (c) The bureau shall designate a period of suspension of driving
25332533 23 privileges imposed under section 1(c) of this chapter as consecutive to
25342534 24 any period of suspension imposed under IC 9-30-6-9(b) unless the
25352535 25 sentencing order of the court under subsection (b) terminates all or part
25362536 26 of the remaining suspension under IC 9-30-6-9(b).
25372537 27 SECTION 75. IC 9-30-16-6.5, AS ADDED BY P.L.110-2020,
25382538 28 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25392539 29 JULY 1, 2022]: Sec. 6.5. A court and the bureau, if applicable, shall
25402540 30 terminate all or any part of the remaining suspension of a person's
25412541 31 license or driving record card suspension under section 1(c) of this
25422542 32 chapter or under IC 9-30-6-9 if:
25432543 33 (1) the charges against the person are dismissed;
25442544 34 (2) the person is acquitted; or
25452545 35 (3) the person's conviction is vacated or reversed on appeal.
25462546 36 SECTION 76. IC 9-30-16-7, AS ADDED BY P.L.198-2016,
25472547 37 SECTION 611, IS AMENDED TO READ AS FOLLOWS
25482548 38 [EFFECTIVE JULY 1, 2022]: Sec. 7. If the bureau issues a driver's
25492549 39 license or driving record card to an individual who has been issued
25502550 40 specialized driving privileges, the individual shall pay a specialized
25512551 41 driving privileges charge of ten dollars ($10). The charge is in addition
25522552 42 to any applicable fees under IC 9-24 and shall be deposited in the
25532553 2022 IN 1195—LS 6333/DI 139 60
25542554 1 commission fund.
25552555 2 SECTION 77. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
25562556 3 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25572557 4 JULY 1, 2022]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
25582558 5 minimum requirements for qualifying for the issuance of a driver's
25592559 6 license, or a learner's permit, a driving record card, or a driving
25602560 7 record card learner's permit, and subject to subsections (c) through
25612561 8 (e), an individual who is:
25622562 9 (1) at least fifteen (15) years of age and less than eighteen (18)
25632563 10 years of age;
25642564 11 (2) a habitual truant under the definition of habitual truant
25652565 12 established under subsection (b); and
25662566 13 (3) identified in the information submitted to the bureau of motor
25672567 14 vehicles under subsection (f);
25682568 15 may not be issued a driver's license, or a learner's permit, a driving
25692569 16 record card, or a driving record card learner's permit to drive a
25702570 17 motor vehicle under IC 9-24 until the individual is at least eighteen
25712571 18 (18) years of age.
25722572 19 (b) Each governing body may establish and include as part of the
25732573 20 written copy of its discipline rules described in IC 20-33-8-12:
25742574 21 (1) a definition of a child who is designated as a habitual truant,
25752575 22 which must, at a minimum, define the term as a student who is
25762576 23 chronically absent, by having unexcused absences from school for
25772577 24 more than ten (10) days of school in one (1) school year; and
25782578 25 (2) all other pertinent matters related to this action.
25792579 26 (c) An individual described in subsection (a) is entitled to the
25802580 27 procedure described in IC 20-33-8-19.
25812581 28 (d) An individual described in subsection (a) who is at least thirteen
25822582 29 (13) years of age and less than eighteen (18) years of age is entitled to
25832583 30 a periodic review of the individual's attendance record in school to
25842584 31 determine whether the prohibition described in subsection (a) shall
25852585 32 continue. The periodic reviews may not be conducted less than one (1)
25862586 33 time each school year.
25872587 34 (e) Upon review, the governing body may determine that the
25882588 35 individual's attendance record has improved to the degree that the
25892589 36 individual may become eligible to be issued a driver's license, or a
25902590 37 learner's permit, a driving record card, or a driving record card
25912591 38 learner's permit.
25922592 39 (f) The governing body of the school corporation may submit to the
25932593 40 bureau of motor vehicles the pertinent information concerning an
25942594 41 individual's ineligibility under subsection (a) to be issued a driver's
25952595 42 license, or a learner's permit, a driving record card, or a driving
25962596 2022 IN 1195—LS 6333/DI 139 61
25972597 1 record card learner's permit.
25982598 2 (g) The department shall develop guidelines concerning criteria
25992599 3 used in defining a habitual truant that may be considered by a
26002600 4 governing body in complying with subsection (b).
26012601 5 SECTION 78. IC 20-33-2-28.5, AS AMENDED BY P.L.147-2020,
26022602 6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26032603 7 JULY 1, 2022]: Sec. 28.5. (a) This section applies to an individual:
26042604 8 (1) who:
26052605 9 (A) attends or last attended a public school;
26062606 10 (B) is at least sixteen (16) years of age but less than eighteen
26072607 11 (18) years of age; and
26082608 12 (C) has not completed the requirements for graduation;
26092609 13 (2) who:
26102610 14 (A) wishes to withdraw from school before graduation;
26112611 15 (B) fails to return at the beginning of a semester; or
26122612 16 (C) stops attending school during a semester; and
26132613 17 (3) who has no record of transfer to another school.
26142614 18 (b) An individual to whom this section applies may withdraw from
26152615 19 school only if all of the following conditions are met:
26162616 20 (1) An exit interview is conducted.
26172617 21 (2) The individual's parent consents to the withdrawal.
26182618 22 (3) The school principal approves of the withdrawal.
26192619 23 (4) The withdrawal is due to:
26202620 24 (A) financial hardship and the individual must be employed to
26212621 25 support the individual's family or a dependent;
26222622 26 (B) illness; or
26232623 27 (C) an order by a court that has jurisdiction over the child.
26242624 28 During the exit interview, the school principal shall provide to the
26252625 29 student and the student's parent a copy of statistics compiled by the
26262626 30 department concerning the likely consequences of life without a high
26272627 31 school diploma. The school principal shall advise the student and the
26282628 32 student's parent that the student's withdrawal from school may prevent
26292629 33 the student from receiving or result in the revocation of the student's
26302630 34 employment certificate and driver's license, or learner's permit, driving
26312631 35 record card, or driving record card learner's permit.
26322632 36 (c) For purposes of this section, the following must be in written
26332633 37 form:
26342634 38 (1) An individual's request to withdraw from school.
26352635 39 (2) A parent's consent to a withdrawal.
26362636 40 (3) A principal's consent to a withdrawal.
26372637 41 (d) If the individual's principal does not consent to the individual's
26382638 42 withdrawal under this section, the individual's parent may appeal the
26392639 2022 IN 1195—LS 6333/DI 139 62
26402640 1 denial of consent to the governing body of the public school that the
26412641 2 individual last attended.
26422642 3 (e) Each public school, including each school corporation and each
26432643 4 charter school (as defined in IC 20-24-1-4), shall provide an annual
26442644 5 report to the department setting forth the following information:
26452645 6 (1) The total number of individuals:
26462646 7 (A) who withdrew from school under this section; and
26472647 8 (B) who either:
26482648 9 (i) failed to return to school at the beginning of a semester;
26492649 10 or
26502650 11 (ii) stopped attending school during a semester;
26512651 12 and for whom there is no record of transfer to another school.
26522652 13 (2) The number of individuals who withdrew from school
26532653 14 following an exit interview.
26542654 15 (f) If an individual to which this section applies:
26552655 16 (1) has not received consent to withdraw from school under this
26562656 17 section; and
26572657 18 (2) fails to return to school at the beginning of a semester or
26582658 19 during the semester;
26592659 20 the principal of the school that the individual last attended may deliver
26602660 21 by certified mail or personal delivery to the bureau of youth
26612661 22 employment a record of the individual's failure to return to school so
26622662 23 that the bureau of youth employment revokes any employment
26632663 24 certificates issued under IC 22-2-18 (before its expiration on June 30,
26642664 25 2021) to the individual and does not issue any additional employment
26652665 26 certificates to the individual. For purposes of IC 22-2-18-20 (before its
26662666 27 expiration on June 30, 2021), the individual shall be considered a
26672667 28 dropout.
26682668 29 (g) At the same time that a school principal delivers the record
26692669 30 under subsection (f), the principal may deliver by certified mail or
26702670 31 personal delivery to the bureau of motor vehicles a record of the
26712671 32 individual's failure to return to school so that the bureau of motor
26722672 33 vehicles revokes any driver's license, or learner's permit, driving
26732673 34 record card, or driving record card learner's permit issued to the
26742674 35 individual and does not issue any additional driver's licenses, or
26752675 36 learner's permits, driving record cards, or driving record card
26762676 37 learner's permits to the individual before the individual is at least
26772677 38 eighteen (18) years of age. For purposes of IC 9-24-2-1, the individual
26782678 39 shall be considered a dropout.
26792679 40 (h) If:
26802680 41 (1) a principal has delivered the record required under subsection
26812681 42 (f) or (g), or both; and
26822682 2022 IN 1195—LS 6333/DI 139 63
26832683 1 (2) the school subsequently gives consent to the individual to
26842684 2 withdraw from school under this section;
26852685 3 the principal of the school shall send a notice of withdrawal to the
26862686 4 bureau of youth employment and the bureau of motor vehicles by
26872687 5 certified mail or personal delivery and, for purposes of IC 22-2-18-20
26882688 6 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual
26892689 7 shall no longer be considered a dropout.
26902690 8 SECTION 79. IC 20-33-8-33, AS AMENDED BY P.L.233-2015,
26912691 9 SECTION 264, IS AMENDED TO READ AS FOLLOWS
26922692 10 [EFFECTIVE JULY 1, 2022]: Sec. 33. Before February 1 and before
26932693 11 October 1 of each year, except when a hearing has been requested to
26942694 12 determine financial hardship under IC 9-24-2-1(a)(4), a principal may
26952695 13 submit to the bureau of motor vehicles the pertinent information
26962696 14 concerning an individual's ineligibility under IC 9-24-2-1 to be issued
26972697 15 a driver's license, or learner's permit, driving record card, or driving
26982698 16 record card learner's permit, or concerning the suspension of driving
26992699 17 privileges under IC 9-24-2-4.
27002700 18 SECTION 80. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
27012701 19 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27022702 20 JULY 1, 2022]: Sec. 13. (a) This section applies if a child is a
27032703 21 delinquent child under IC 31-37-1 due to the commission of a
27042704 22 delinquent act that, if committed by an adult, would be:
27052705 23 (1) dealing in:
27062706 24 (A) a controlled substance (as defined in IC 35-48-1-9); or
27072707 25 (B) a counterfeit substance (as defined in IC 35-48-1-10);
27082708 26 (2) possessing:
27092709 27 (A) a controlled substance (as defined in IC 35-48-1-9); or
27102710 28 (B) a prescription drug (as defined in IC 35-48-1-25);
27112711 29 for which the child does not have a prescription; or
27122712 30 (3) conspiring to commit an act described in subdivision (1) or
27132713 31 (2).
27142714 32 (b) The juvenile court shall, in addition to any other order or decree
27152715 33 the court makes under this chapter, order the bureau of motor vehicles
27162716 34 to invalidate the child's driver's license or permit for a period specified
27172717 35 by the court of at least six (6) months but not more than one (1) year
27182718 36 from the time the child would otherwise be eligible for a learner's
27192719 37 permit or driving record card learner's permit.
27202720 38 SECTION 81. IC 31-37-19-14, AS AMENDED BY P.L.111-2021,
27212721 39 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27222722 40 JULY 1, 2022]: Sec. 14. (a) This section applies if:
27232723 41 (1) a child has been previously determined to be a delinquent
27242724 42 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
27252725 2022 IN 1195—LS 6333/DI 139 64
27262726 1 due to the commission of a delinquent act described in section
27272727 2 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
27282728 3 IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
27292729 4 IC 31-6-4-15.9(d)(3) before its repeal); or
27302730 5 (2) the delinquent act described in section 13(a)(1), 13(a)(2), or
27312731 6 13(a)(3) of this chapter (or IC 31-6-4-15.9(d)(1),
27322732 7 IC 31-6-4-15.9(d)(2), or IC 31-6-4-15.9(d)(3) before its repeal)
27332733 8 was committed:
27342734 9 (A) on school property;
27352735 10 (B) within one thousand (1,000) feet of school property; or
27362736 11 (C) on a school bus.
27372737 12 (b) The juvenile court shall, in addition to any other order or decree
27382738 13 the court makes under this chapter, order the bureau of motor vehicles
27392739 14 to invalidate the child's driver's license or driving record card for a
27402740 15 period specified by the court of at least six (6) months but not more
27412741 16 than two (2) years from the time the child would otherwise be eligible
27422742 17 for a learner's permit or driving record card learner's permit.
27432743 18 SECTION 82. IC 31-37-19-15 IS AMENDED TO READ AS
27442744 19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) This section
27452745 20 applies if a child is a delinquent child under IC 31-37-1 due to the
27462746 21 commission of a delinquent act that, if committed by an adult, would
27472747 22 be:
27482748 23 (1) dealing in:
27492749 24 (A) a controlled substance (as defined in IC 35-48-1-9); or
27502750 25 (B) a counterfeit substance (as defined in IC 35-48-1-10);
27512751 26 (2) possessing:
27522752 27 (A) a controlled substance (as defined in IC 35-48-1-9); or
27532753 28 (B) a prescription drug (as defined in IC 35-48-1-25);
27542754 29 for which the child does not have a prescription; or
27552755 30 (3) conspiring to commit an act described in subdivision (1) or
27562756 31 (2).
27572757 32 (b) The juvenile court shall, in addition to any other order or decree
27582758 33 the court makes under this chapter, order the bureau of motor vehicles
27592759 34 not to issue the child a learner's permit or driving record card
27602760 35 learner's permit for a period specified by the court of at least six (6)
27612761 36 months but not more than one (1) year from the time the child would
27622762 37 otherwise be eligible for a learner's permit or driving record card
27632763 38 learner's permit.
27642764 39 SECTION 83. IC 31-37-19-16 IS AMENDED TO READ AS
27652765 40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) This section
27662766 41 applies if:
27672767 42 (1) a child has been previously determined to be a delinquent
27682768 2022 IN 1195—LS 6333/DI 139 65
27692769 1 child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)
27702770 2 due to the commission of a delinquent act described in section
27712771 3 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
27722772 4 IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
27732773 5 IC 31-6-4-15.9(e)(3) before its repeal); or
27742774 6 (2) the delinquent act described in section 15(a)(1), 15(a)(2), or
27752775 7 15(a)(3) of this chapter (or IC 31-6-4-15.9(e)(1),
27762776 8 IC 31-6-4-15.9(e)(2), or IC 31-6-4-15.9(e)(3) before its repeal)
27772777 9 was committed:
27782778 10 (A) on school property;
27792779 11 (B) within one thousand (1,000) feet of school property; or
27802780 12 (C) on a school bus.
27812781 13 (b) The juvenile court shall, in addition to any other order or decree
27822782 14 the court makes under this chapter, order the bureau of motor vehicles
27832783 15 not to issue the child a learner's permit or driving record card
27842784 16 learner's permit for a period specified by the court of at least six (6)
27852785 17 months but not more than two (2) years from the time the child would
27862786 18 otherwise be eligible for a learner's permit or driving record card
27872787 19 learner's permit.
27882788 20 SECTION 84. IC 31-37-19-17, AS AMENDED BY P.L.111-2021,
27892789 21 SECTION 100, IS AMENDED TO READ AS FOLLOWS
27902790 22 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) This section applies if a
27912791 23 child is a delinquent child under IC 31-37-1 due to the commission of
27922792 24 a delinquent act that, if committed by an adult, would be criminal
27932793 25 mischief or institutional criminal mischief under IC 35-43-1-2 that
27942794 26 involves the use of graffiti.
27952795 27 (b) The juvenile court may, in addition to any other order or decree
27962796 28 the court makes under this chapter, order the bureau of motor vehicles
27972797 29 to:
27982798 30 (1) suspend the child's driver's license or driving record card;
27992799 31 or
28002800 32 (2) invalidate the child's learner's permit or driving record card
28012801 33 learner's permit;
28022802 34 for one (1) year beginning the date of the order.
28032803 35 SECTION 85. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
28042804 36 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28052805 37 JULY 1, 2022]: Sec. 1. (a) The following may be seized:
28062806 38 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
28072807 39 or are intended for use by the person or persons in possession of
28082808 40 them to transport or in any manner to facilitate the transportation
28092809 41 of the following:
28102810 42 (A) A controlled substance for the purpose of committing,
28112811 2022 IN 1195—LS 6333/DI 139 66
28122812 1 attempting to commit, or conspiring to commit any of the
28132813 2 following:
28142814 3 (i) Dealing in or manufacturing cocaine or a narcotic drug
28152815 4 (IC 35-48-4-1).
28162816 5 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
28172817 6 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
28182818 7 (iv) Dealing in a schedule I, II, or III controlled substance
28192819 8 (IC 35-48-4-2).
28202820 9 (v) Dealing in a schedule IV controlled substance (IC
28212821 10 35-48-4-3).
28222822 11 (vi) Dealing in a schedule V controlled substance (IC
28232823 12 35-48-4-4).
28242824 13 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
28252825 14 (viii) Possession of cocaine or a narcotic drug (IC
28262826 15 35-48-4-6).
28272827 16 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
28282828 17 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
28292829 18 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
28302830 19 35-48-4-10).
28312831 20 (xii) An offense under IC 35-48-4 involving a synthetic drug
28322832 21 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
28332833 22 substance (as defined in IC 35-31.5-2-321.5 (before its
28342834 23 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
28352835 24 repeal on July 1, 2019), a controlled substance analog (as
28362836 25 defined in IC 35-48-1-9.3), or a substance represented to be
28372837 26 a controlled substance (as described in IC 35-48-4-4.6).
28382838 27 (B) Any stolen (IC 35-43-4-2) or converted property (IC
28392839 28 35-43-4-3) if the retail or repurchase value of that property is
28402840 29 one hundred dollars ($100) or more.
28412841 30 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
28422842 31 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
28432843 32 mass destruction (as defined in IC 35-31.5-2-354) used to
28442844 33 commit, used in an attempt to commit, or used in a conspiracy
28452845 34 to commit a felony terrorist offense (as defined in
28462846 35 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
28472847 36 furtherance of an act of terrorism (as defined by
28482848 37 IC 35-31.5-2-329).
28492849 38 (2) All money, negotiable instruments, securities, weapons,
28502850 39 communications devices, or any property used to commit, used in
28512851 40 an attempt to commit, or used in a conspiracy to commit a felony
28522852 41 terrorist offense (as defined in IC 35-50-2-18) or an offense under
28532853 42 IC 35-47 as part of or in furtherance of an act of terrorism or
28542854 2022 IN 1195—LS 6333/DI 139 67
28552855 1 commonly used as consideration for a violation of IC 35-48-4
28562856 2 (other than items subject to forfeiture under IC 16-42-20-5 or
28572857 3 IC 16-6-8.5-5.1, before its repeal):
28582858 4 (A) furnished or intended to be furnished by any person in
28592859 5 exchange for an act that is in violation of a criminal statute;
28602860 6 (B) used to facilitate any violation of a criminal statute; or
28612861 7 (C) traceable as proceeds of the violation of a criminal statute.
28622862 8 (3) Any portion of real or personal property purchased with
28632863 9 money that is traceable as a proceed of a violation of a criminal
28642864 10 statute.
28652865 11 (4) A vehicle that is used by a person to:
28662866 12 (A) commit, attempt to commit, or conspire to commit;
28672867 13 (B) facilitate the commission of; or
28682868 14 (C) escape from the commission of;
28692869 15 murder (IC 35-42-1-1), dealing in a controlled substance resulting
28702870 16 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
28712871 17 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
28722872 18 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
28732873 19 under IC 35-47 as part of or in furtherance of an act of terrorism.
28742874 20 (5) Real property owned by a person who uses it to commit any of
28752875 21 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
28762876 22 felony:
28772877 23 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
28782878 24 35-48-4-1).
28792879 25 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
28802880 26 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
28812881 27 (D) Dealing in a schedule I, II, or III controlled substance (IC
28822882 28 35-48-4-2).
28832883 29 (E) Dealing in a schedule IV controlled substance (IC
28842884 30 35-48-4-3).
28852885 31 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
28862886 32 35-48-4-10).
28872887 33 (G) Dealing in a synthetic drug (as defined in
28882888 34 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
28892889 35 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
28902890 36 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
28912891 37 2019).
28922892 38 (H) Dealing in a controlled substance resulting in death (IC
28932893 39 35-42-1-1.5).
28942894 40 (6) Equipment and recordings used by a person to commit fraud
28952895 41 under IC 35-43-5.
28962896 42 (7) Recordings sold, rented, transported, or possessed by a person
28972897 2022 IN 1195—LS 6333/DI 139 68
28982898 1 in violation of IC 24-4-10.
28992899 2 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
29002900 3 defined by IC 35-45-6-1) that is the object of a corrupt business
29012901 4 influence violation (IC 35-45-6-2).
29022902 5 (9) Unlawful telecommunications devices (as defined in
29032903 6 IC 35-45-13-6) and plans, instructions, or publications used to
29042904 7 commit an offense under IC 35-45-13.
29052905 8 (10) Any equipment, including computer equipment and cellular
29062906 9 telephones, used for or intended for use in preparing,
29072907 10 photographing, recording, videotaping, digitizing, printing,
29082908 11 copying, or disseminating matter in violation of IC 35-42-4.
29092909 12 (11) Destructive devices used, possessed, transported, or sold in
29102910 13 violation of IC 35-47.5.
29112911 14 (12) Tobacco products that are sold in violation of IC 24-3-5,
29122912 15 tobacco products that a person attempts to sell in violation of
29132913 16 IC 24-3-5, and other personal property owned and used by a
29142914 17 person to facilitate a violation of IC 24-3-5.
29152915 18 (13) Property used by a person to commit counterfeiting or
29162916 19 forgery in violation of IC 35-43-5-2.
29172917 20 (14) After December 31, 2005, if a person is convicted of an
29182918 21 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
29192919 22 following real or personal property:
29202920 23 (A) Property used or intended to be used to commit, facilitate,
29212921 24 or promote the commission of the offense.
29222922 25 (B) Property constituting, derived from, or traceable to the
29232923 26 gross proceeds that the person obtained directly or indirectly
29242924 27 as a result of the offense.
29252925 28 (15) Except as provided in subsection (e), a vehicle used by a
29262926 29 person who operates the vehicle:
29272927 30 (A) while intoxicated, in violation of IC 9-30-5-1 through
29282928 31 IC 9-30-5-5, if in the previous five (5) years the person has two
29292929 32 (2) or more prior unrelated convictions for operating a motor
29302930 33 vehicle while intoxicated in violation of IC 9-30-5-1 through
29312931 34 IC 9-30-5-5; or
29322932 35 (B) on a highway while the person's driving privileges are
29332933 36 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
29342934 37 if in the previous five (5) years the person has two (2) or more
29352935 38 prior unrelated convictions for operating a vehicle while
29362936 39 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
29372937 40 If a court orders the seizure of a vehicle under this subdivision,
29382938 41 the court shall transmit an order to the bureau of motor vehicles
29392939 42 recommending that the bureau not permit a vehicle to be
29402940 2022 IN 1195—LS 6333/DI 139 69
29412941 1 registered in the name of the person whose vehicle was seized
29422942 2 until the person possesses a current driving license (as defined in
29432943 3 IC 9-13-2-41) or driving record card (as described in
29442944 4 IC 9-24-3.5).
29452945 5 (16) The following real or personal property:
29462946 6 (A) Property used or intended to be used to commit, facilitate,
29472947 7 or promote the commission of an offense specified in
29482948 8 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
29492949 9 IC 30-2-13-38(f).
29502950 10 (B) Property constituting, derived from, or traceable to the
29512951 11 gross proceeds that a person obtains directly or indirectly as a
29522952 12 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
29532953 13 IC 30-2-10-9(b), or IC 30-2-13-38(f).
29542954 14 (17) Real or personal property, including a vehicle, that is used by
29552955 15 a person to:
29562956 16 (A) commit, attempt to commit, or conspire to commit;
29572957 17 (B) facilitate the commission of; or
29582958 18 (C) escape from the commission of;
29592959 19 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
29602960 20 trafficking) or IC 35-45-4-4 (promoting prostitution).
29612961 21 (b) A vehicle used by any person as a common or contract carrier in
29622962 22 the transaction of business as a common or contract carrier is not
29632963 23 subject to seizure under this section, unless it can be proven by a
29642964 24 preponderance of the evidence that the owner of the vehicle knowingly
29652965 25 permitted the vehicle to be used to engage in conduct that subjects it to
29662966 26 seizure under subsection (a).
29672967 27 (c) Equipment under subsection (a)(10) may not be seized unless it
29682968 28 can be proven by a preponderance of the evidence that the owner of the
29692969 29 equipment knowingly permitted the equipment to be used to engage in
29702970 30 conduct that subjects it to seizure under subsection (a)(10).
29712971 31 (d) Money, negotiable instruments, securities, weapons,
29722972 32 communications devices, or any property commonly used as
29732973 33 consideration for a violation of IC 35-48-4 found near or on a person
29742974 34 who is committing, attempting to commit, or conspiring to commit any
29752975 35 of the following offenses shall be admitted into evidence in an action
29762976 36 under this chapter as prima facie evidence that the money, negotiable
29772977 37 instrument, security, or other thing of value is property that has been
29782978 38 used or was to have been used to facilitate the violation of a criminal
29792979 39 statute or is the proceeds of the violation of a criminal statute:
29802980 40 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
29812981 41 death).
29822982 42 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
29832983 2022 IN 1195—LS 6333/DI 139 70
29842984 1 narcotic drug).
29852985 2 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
29862986 3 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
29872987 4 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
29882988 5 substance).
29892989 6 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
29902990 7 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
29912991 8 as a Level 4 felony.
29922992 9 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
29932993 10 Level 3, Level 4, or Level 5 felony.
29942994 11 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
29952995 12 3, Level 4, or Level 5 felony.
29962996 13 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
29972997 14 salvia) as a Level 5 felony.
29982998 15 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
29992999 16 in a synthetic drug or synthetic drug lookalike substance) as a
30003000 17 Level 5 felony or Level 6 felony (or as a Class C felony or Class
30013001 18 D felony under IC 35-48-4-10 before its amendment in 2013).
30023002 19 (e) A vehicle operated by a person who is not:
30033003 20 (1) an owner of the vehicle; or
30043004 21 (2) the spouse of the person who owns the vehicle;
30053005 22 is not subject to seizure under subsection (a)(15) unless it can be
30063006 23 proven by a preponderance of the evidence that the owner of the
30073007 24 vehicle knowingly permitted the vehicle to be used to engage in
30083008 25 conduct that subjects it to seizure under subsection (a)(15).
30093009 26 SECTION 86. IC 35-43-1-2, AS AMENDED BY P.L.111-2021,
30103010 27 SECTION 104, IS AMENDED TO READ AS FOLLOWS
30113011 28 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) A person who recklessly,
30123012 29 knowingly, or intentionally damages or defaces property of another
30133013 30 person without the other person's consent commits criminal mischief,
30143014 31 a Class B misdemeanor. However, the offense is:
30153015 32 (1) a Class A misdemeanor if the pecuniary loss is at least seven
30163016 33 hundred fifty dollars ($750) but less than fifty thousand dollars
30173017 34 ($50,000); and
30183018 35 (2) a Level 6 felony if:
30193019 36 (A) the pecuniary loss is at least fifty thousand dollars
30203020 37 ($50,000);
30213021 38 (B) the damage causes a substantial interruption or impairment
30223022 39 of utility service rendered to the public;
30233023 40 (C) the damage is to a public record; or
30243024 41 (D) the damage is to a law enforcement animal (as defined in
30253025 42 IC 35-46-3-4.5).
30263026 2022 IN 1195—LS 6333/DI 139 71
30273027 1 (b) A person who recklessly, knowingly, or intentionally damages:
30283028 2 (1) a structure used for religious worship without the consent of
30293029 3 the owner, possessor, or occupant of the property that is damaged;
30303030 4 (2) a school or community center without the consent of the
30313031 5 owner, possessor, or occupant of the property that is damaged;
30323032 6 (3) the property of an agricultural operation (as defined in
30333033 7 IC 32-30-6-1) without the consent of the owner, possessor, or
30343034 8 occupant of the property that is damaged;
30353035 9 (4) the grounds:
30363036 10 (A) adjacent to; and
30373037 11 (B) owned or rented in common with;
30383038 12 a structure or facility identified in subdivisions (1) through (3)
30393039 13 without the consent of the owner, possessor, or occupant of the
30403040 14 property that is damaged;
30413041 15 (5) personal property contained in a structure or located at a
30423042 16 facility identified in subdivisions (1) through (3) without the
30433043 17 consent of the owner, possessor, or occupant of the property that
30443044 18 is damaged;
30453045 19 (6) property that is vacant real property (as defined in
30463046 20 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
30473047 21 or
30483048 22 (7) property after the person has been denied entry to the property
30493049 23 by a court order that was issued:
30503050 24 (A) to the person; or
30513051 25 (B) to the general public by conspicuous posting on or around
30523052 26 the property in areas where a person could observe the order
30533053 27 when the property has been designated by a municipality or
30543054 28 county enforcement authority to be a vacant property, an
30553055 29 abandoned property, or an abandoned structure (as defined in
30563056 30 IC 36-7-36-1);
30573057 31 commits institutional criminal mischief, a Class A misdemeanor.
30583058 32 However, the offense is a Level 6 felony if the pecuniary loss (or
30593059 33 property damage, in the case of an agricultural operation) is at least
30603060 34 seven hundred fifty dollars ($750) but less than fifty thousand dollars
30613061 35 ($50,000), and a Level 5 felony if the pecuniary loss (or property
30623062 36 damage, in the case of an agricultural operation) is at least fifty
30633063 37 thousand dollars ($50,000).
30643064 38 (c) A person who recklessly, knowingly, or intentionally damages
30653065 39 property:
30663066 40 (1) during the dealing or manufacture of or attempted dealing or
30673067 41 manufacture of a controlled substance; and
30683068 42 (2) by means of a fire or an explosion;
30693069 2022 IN 1195—LS 6333/DI 139 72
30703070 1 commits controlled substances criminal mischief, a Level 6 felony.
30713071 2 However, the offense is a Level 5 felony if the offense results in
30723072 3 moderate bodily injury to any person other than a defendant.
30733073 4 (d) If a person is convicted of an offense under this section that
30743074 5 involves the use of graffiti, the court may, in addition to any other
30753075 6 penalty, order that the person's driver's license or driving record card
30763076 7 be suspended or invalidated by the bureau of motor vehicles for not
30773077 8 more than one (1) year.
30783078 9 (e) The court may rescind an order for suspension or invalidation
30793079 10 under subsection (d) and allow the person to receive a license or permit
30803080 11 before the period of suspension or invalidation ends if the court
30813081 12 determines that the person has removed or painted over the graffiti or
30823082 13 has made other suitable restitution.
30833083 14 (f) For purposes of this section, "pecuniary loss" includes:
30843084 15 (1) the total costs incurred in inspecting, cleaning, and
30853085 16 decontaminating property contaminated by a pollutant; and
30863086 17 (2) a reasonable estimate of all additional costs not already
30873087 18 incurred under subdivision (1) that are necessary to inspect, clean,
30883088 19 and decontaminate property contaminated by a pollutant, to the
30893089 20 extent that the property has not already been:
30903090 21 (A) cleaned;
30913091 22 (B) decontaminated; or
30923092 23 (C) both cleaned and decontaminated.
30933093 24 The term includes inspection, cleaning, or decontamination conducted
30943094 25 by a person certified under IC 16-19-3.1.
30953095 26 SECTION 87. IC 35-52-9-36, AS ADDED BY P.L.169-2014,
30963096 27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30973097 28 JULY 1, 2022]: Sec. 36. IC 9-24-18-1 defines a crime crimes
30983098 29 concerning driver's licenses and driving record cards.
30993099 30 SECTION 88. IC 35-52-9-37.5, AS ADDED BY P.L.188-2015,
31003100 31 SECTION 153, IS AMENDED TO READ AS FOLLOWS
31013101 32 [EFFECTIVE JULY 1, 2022]: Sec. 37.5. IC 9-24-18-7.5 defines a
31023102 33 crime crimes concerning driver's licenses and driving record cards.
31033103 34 SECTION 89. [EFFECTIVE UPON PASSAGE] (a) The bureau of
31043104 35 motor vehicles shall adopt rules under IC 4-22-2, including
31053105 36 emergency rules in the manner provided under IC 4-22-2-37.1,
31063106 37 necessary to implement the issuance and administration of driving
31073107 38 record cards under IC 9-24-3.5, as added by this act, and driving
31083108 39 record card learner's permits under IC 9-24-7-1, as amended by
31093109 40 this act.
31103110 41 (b) This SECTION expires July 1, 2023.
31113111 42 SECTION 90. An emergency is declared for this act.
31123112 2022 IN 1195—LS 6333/DI 139